Bill Text: IL HB5563 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Child Labor Law of 2024. Reinserts provisions of the Child Labor Law. Sets forth additional provisions concerning definitions; exemptions; employer requirements; restrictions on employment of minors; employment certificates; civil penalties; and criminal penalties. Repeals the Child Labor Law. Amends various Acts to make conforming changes. Effective January 1, 2025, except provisions concerning minors featured in vlogs and trust funds are effective July 1, 2024.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced) 2024-04-24 - Added Chief Co-Sponsor Rep. Lilian Jiménez [HB5563 Detail]

Download: Illinois-2023-HB5563-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5563 Introduced 2/9/2024, by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
New Act
820 ILCS 205/Act rep.
105 ILCS 5/26-1 from Ch. 122, par. 26-1
225 ILCS 10/2.17 from Ch. 23, par. 2212.17
225 ILCS 515/10 from Ch. 111, par. 910
225 ILCS 515/12.6
820 ILCS 175/67
820 ILCS 305/7 from Ch. 48, par. 138.7
820 ILCS 305/8 from Ch. 48, par. 138.8
Creates the Child Labor Law of 2024. Reinserts provisions of the Child Labor Law. Sets forth additional provisions concerning definitions; exemptions; employer requirements; restrictions on employment of minors; employment certificates; civil penalties; and criminal penalties. Repeals the Child Labor Law. Amends various Acts to make conforming changes. Effective January 1, 2025, except provisions concerning minors featured in vlogs and trust funds are effective July 1, 2024.
LRB103 39482 SPS 69677 b
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Child
Labor Law of 2024.
Section 5. Findings. The General Assembly finds that
minors engaged in work are deserving of enhanced workplace
protections. It is the intent of the General Assembly, in
enacting this Child Labor Law of 2024, to safeguard all
working minors' health, safety, welfare, and access to
education and the provisions of this Act shall be interpreted
to provide the greatest protection of a minor's well-being.
Section 10. Definitions. As used in this Act:
"Construction" means any constructing, altering,
reconstructing, repairing, rehabilitating, refinishing,
refurbishing, remodeling, remediating, renovating, custom
fabricating, maintenance, landscaping, improving, wrecking,
painting, decorating, demolishing, and adding to or
subtracting from any building, structure, highway, roadway,
street, bridge, alley, sewer, ditch, sewage disposal plant,
water works, parking facility, railroad, excavation or other
structure, project, development, real property or improvement,

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or to do any part thereof, whether or not the performance of
the work herein described involves the addition to, or
fabrication into, any structure, project, development, real
property or improvement herein described of any material or
article of merchandise. "Construction" also includes moving
construction-related materials on the job site to or from the
job site.
"Department" means the Department of Labor.
"Director" means the Director of Labor.
"District superintendent of schools" means an individual
employed by a board of education in accordance with Section
10-21.4 of the School Code and a school district's chief
executive officer as described in subsection (b) of Section
34-3.3 of the School Code.
"Duly authorized agent" means an individual who has been
designated by a regional or district superintendent of schools
as his or her agent for the limited purpose of issuing
employment certificates to minors under the age of 16 and may
include officials of any public school district, charter
school, or any State-recognized, non-public school.
"Employ" means to allow, suffer, or permit to work.
"Employer" means a person who employs a minor to work.
"Family" means a group of persons related by blood or
marriage, including civil partnerships, or whose close
relationship with each other is considered equivalent to a
family relationship by the individuals.

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"Minor" means any person under the age of 16.
"Online platform" means any public-facing website, web
application, or digital application, including a mobile
application. "Online platform" includes a social network,
advertising network, mobile operating system, search engine,
email service, or Internet access service.
"Person" means any natural person, individual,
corporation, business enterprise, or other legal entity,
either public or private, and any legal successor,
representative, agent, or agency of that individual,
corporation, business enterprise, or legal entity.
"Regional superintendent of schools" means the chief
administrative officer of an educational service region as
described in Section 3A-2 of the School Code.
"School hours" means, for a minor of compulsory school age
who is enrolled in a public or non-public school that is
registered with or recognized by the State Board of Education,
the hours the minor's school is in session. "School hours"
means, for a minor of compulsory school age who is not enrolled
in a public or non-public school that is registered with or
recognized by the State Board of Education, the hours that the
minor's local public school in the district where the minor
resides is in session.
"School issuing officer" means a regional or district
superintendent of schools, or his or her duly authorized
agent.

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"Vlog" means content shared on an online platform in
exchange for compensation.
"Vlogger" means an individual or family that creates video
content, performed in Illinois, in exchange for compensation,
and includes any proprietorship, partnership, company, or
other corporate entity assuming the name or identity of a
particular individual or family for the purposes of that
content creation. "Vlogger" does not include any person under
the age of 16 who produces his or her own vlogs.
Section 15. Employment of minors.
(a) A person shall not employ, allow, or permit a minor to
work in Illinois unless that work meets the requirements of
this Act and any rules adopted under this Act.
(b) A person may employ, allow, or permit a minor 14 or 15
years of age to work outside of school hours, except at work
sites prohibited under Section 55, after being issued a
certificate authorizing that employment.
(c) A person shall not employ, allow, or permit a minor 13
years of age or younger to work in any occupation or at any
work site not explicitly authorized by or exempted from this
Act.
Section 20. Exemptions.
(a) Nothing in this Act applies to the work of a minor
engaged in agricultural pursuits, except that no minor under

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12 years of age, except members of the farmer's own family who
live with the farmer at his principal place of residence, at
any time shall be employed, allowed, or permitted to work in
any gainful occupation in connection with agriculture, except
that any minor of 10 years of age or more shall be permitted to
work in a gainful occupation in connection with agriculture
during school vacations or outside of school hours.
(b) Nothing in this Act applies to the work of a minor
engaged in the sale and distribution of magazines and
newspapers outside of school hours.
(c) Nothing in this Act applies a minor's performance of
household chores or babysitting outside of school hours if
that work is performed in or about a private residence and not
in connection with an established business, trade, or
profession of the person employing, allowing, or permitting
the minor to perform the activities.
(d) Nothing in this Act applies to the work of a minor 13
years of age or more in caddying at a golf course.
(e) Nothing in this Act applies to a minor 14 or 15 years
of age who is, under the direction of the minor's school,
participating in work-based learning programs in accordance
with the School Code.
(f) Nothing in this Act prohibits an employer from
employing, allowing, or permitting a minor 12 or 13 years of
age to work as an officiant of youth sports activities for a
not-for-profit youth club, park district, or municipal parks

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and recreation department if the employer obtains
certification as provided for in Section 55 and:
(1) the parent or guardian of the minor who is
officiating, or an adult designated by the parent or
guardian, shall be present at the youth sports activity
while the minor is officiating;
(2) the minor may work as a sports official for a
maximum of 3 hours per day on school days and a maximum of
4 hours per day on non-school days;
(3) the minor shall not exceed 10 hours of officiating
in any week;
(4) the minor shall not work later than 9:00 p.m. on
any day of the week; and
(5) the participants in the youth sports activity are
at least 3 years younger than the officiating minor unless
an individual 16 years of age or older is officiating the
same youth sports activity with the minor.
The failure to satisfy the requirements of this subsection
shall result in the revocation of the minor's employment
certificate.
Section 25. Allowable work hours. Except as allowed under
Section 30, no employer shall employ, allow, or permit a minor
to work:
(1) more than 48 hours in any single 7-day period;
(2) more than 8 hours in any single 24-hour period;

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(3) between 7 p.m. and 7 a.m. from Labor Day until June 1
or between 9 p.m. and 7 a.m. from June 1 until Labor Day; or
(4) more than 3 hours per day or more than 8 hours total of
work and school hours on days when school is in session.
Section 30. Exceptions to allowable work hours.
(a) An employer may employ, allow, or permit a minor under
the age of 16 to work a maximum of 8 hours on each Saturday and
on Sunday during the school year if:
(1) the minor does not work outside of school hours
more than 6 consecutive days in any one week; and
(2) the number of hours worked by the minor outside of
school hours in any week does not exceed 24.
(b) A minor working as a live theatrical performer as
described in Section 45 shall be permitted to work until 11
p.m. on nights when performances are held.
(c) A minor under 16 years of age working as a performer as
described in Section 50 shall be permitted to work until 10
p.m.
Section 35. Employer requirements.
(a) It shall be unlawful for any person to employ, allow,
or permit any minor to work unless the minor obtains an
employment certificate authorizing the minor to work for that
person. Any person seeking to employ, allow, or permit any
minor to work shall provide that minor with a notice of

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intention to employ to be submitted by the minor to the minor's
school issuing officer with the minor's application for an
employment certificate.
(b) Every employer of one or more minors shall maintain,
on the premises where the work is being done, records that
include the name, date of birth, and place of residence of
every minor who works for that employer, notice of intention
to employ the minor, and the minor's employment certificate.
Authorized officers and employees of the Department, truant
officers, and other school officials charged with the
enforcement of school attendance requirements described in
Section 26-1 of the School Code may inspect the records
without notice at any time.
(c) Every employer of minors shall ensure that all minors
are supervised by an adult 21 years of age or older, on site,
at all times while the minor is working.
(d) No person shall employ, allow, or permit any minor to
work for more than 5 hours continuously without an interval of
at least 30 minutes for a meal period. No period of less than
30 minutes shall be deemed to interrupt a continuous period of
work.
(e) Every employer who employs one or more minors shall
post in a conspicuous place where minors are employed,
allowed, or permitted to work, a notice summarizing the
requirements of this Act, including a list of the occupations
prohibited to minors and the Department's toll free telephone

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number described in Section 85. An employer with employees who
do not regularly report to a physical workplace, such as
employees who work remotely or travel for work, shall also
provide the summary and notice by email to its employees or
conspicuous posting on the employer's website or intranet
site, if the site is regularly used by the employer to
communicate work-related information to employees and is able
to be regularly accessed by all employees, freely and without
interference. The notice shall be furnished by the Department.
(f) Every employer, during the period of employment of a
minor and for 3 years thereafter, shall keep on file, at the
place of employment, a copy of the employment certificate
issued for the minor. An employment certificate shall be valid
only for the employer for whom issued and a new certificate
shall not be issued for the employment of a minor except on the
presentation of a new statement of intention to employ the
minor. The failure of any employer to produce for inspection
the employment certificate for each minor in the employer's
establishment shall be a violation of this Act. The Department
may specify any other record keeping requirements by rule.
(g) In the event of the work-related death of a minor
engaged in work subject to this Act, the employer shall,
within 24 hours, report the death to the Department and to the
school official who issued the minor's work certificate for
that employer. In the event of a work-related injury or
illness of a minor that requires the employer to file a report

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with the Illinois Workers' Compensation Commission under
Section 6 of the Workers' Compensation Act or Section 6 of the
Workers' Occupational Diseases Act, the employer shall submit
a copy of the report to the Department and to the school
official who issued the minor's work certificate for that
employer within 72 hours of the deadline by which the employer
must file the report to the Illinois Workers' Compensation
Commission. The report shall be subject to the confidentiality
provisions of Section 6 of the Workers' Compensation Act or
Section 6 of the Workers' Occupational Diseases Act.
Section 40. Restrictions on employment of minors.
(a) No person shall employ, allow, or permit a minor to
work:
(1) in any mechanic's garage, including garage pits,
repairing cars, trucks, or other vehicles or using garage
lifting racks
(2) in the oiling, cleaning or wiping of machinery or
shafting;
(3) in or about any mine or quarry;
(4) in stone cutting or polishing;
(5) in any factory work;
(6) in or about any plant manufacturing explosives or
articles containing explosive components, or in the use or
transportation of same;
(7) in or about plants manufacturing iron or steel,

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ore reduction works, smelters, foundries, forging shops,
hot rolling mills or any other place in which the heating,
melting, or heat treatment of metals is carried on;
(8) in the operation of machinery used in the cold
rolling of heavy metal stock, or in the operation of
power-driven punching, shearing, stamping, or metal plate
bending machines;
(9) in or about logging, sawmills or lath, shingle, or
cooperage-stock mills;
(10) in the operation of power-driven woodworking
machines, or off-bearing from circular saws;
(11) in the operation and repair of freight elevators
or hoisting machines and cranes;
(12) in spray painting;
(13) in occupations involving exposure to lead or its
compounds;
(14) in occupations involving exposure to acids, dyes,
chemicals, dust, gases, vapors, or fumes that are known or
suspected to be dangerous to humans;
(15) in any occupation subject to the Amusement Ride
and Attraction Safety Act;
(16) in oil refineries, gasoline blending plants, or
pumping stations on oil transmission lines;
(17) in the operation of laundry, dry cleaning, or
dyeing machinery;
(18) in occupations involving exposure to radioactive

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substances;
(19) in or about any filling station or service
station, except that this prohibition does not extend to
attached convenience stores;
(20) in construction work, including demolition and
repair;
(21) in any energy generation or transmission service;
(22) in public and private utilities and related
services;
(23) in operations in or in connection with
slaughtering, meat packing, poultry processing, and fish
and seafood processing;
(24) in operations which involve working on an
elevated surface, with or without use of equipment,
including, but not limited to, ladders and scaffolds;
(25) in security positions or any occupations that
require the use or carrying of a firearm or other weapon;
(26) in occupations which involve the handling or
storage of human blood, human blood products, human body
fluids, or human body tissues;
(27) in any mill, cannery, factory, workshop, coal
brick or lumber yard;
(28) any occupation which is prohibited for minors
under federal law; or
(29) in any other occupation or working condition
determined by the Director to be hazardous.

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(b) No person shall employ, allow, or permit a minor to
work at:
(1) any cannabis business establishment subject to the
Cannabis Regulation and Tax Act or Compassionate Use of
Medical Cannabis Program Act;
(2) any establishment subject to the Live Adult
Entertainment Facility Surcharge Act;
(3) any firearm range or gun range used for
discharging a firearm in a sporting event, for practice or
instruction in the use of a firearm, or the testing of a
firearm;
(4) any establishment in which items containing
alcohol for consumption are manufactured, distilled,
brewed, or bottled;
(5) any establishment where the primary activity is
the sale of alcohol or tobacco;
(6) an establishment operated by any holder of an
owners license subject to the Illinois Gambling Act; or
(7) any other establishment which State or federal law
prohibits minors from entering or patronizing.
(c) An employer shall not allow minors to draw, mix, pour,
or serve any item containing alcohol or otherwise handle any
open containers of alcohol. An employer shall make reasonable
efforts to ensure that minors are unable to access alcohol.
(d) An employer may allow minors aged 14 and 15 to work in
retail stores, except that an employer shall not allow minors

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to handle or be able to access any goods or products which are
illegal for minors to purchase or possess.
(e) No person shall employ, allow, or permit an unlicensed
minor to perform work in the practice of barber, cosmetology,
esthetics, hair braiding, and nail technology services
requiring a license under the Barber, Cosmetology, Esthetics,
Hair Braiding, and Nail Technology Act of 1985, except for
students enrolled in a school and performing barber,
cosmetology, esthetics, hair braiding, and nail technology
services in accordance with that Act and rules adopted under
that Act.
(f) A person may employ, allow, or permit a minor to
perform office or administrative support work that does not
expose the minor to the work prohibited in this Section.
Section 45. Minors employed in live theatrical
performances. In addition to the other requirements of this
Act, an employer of a minor working in live theatrical
performances, including plays, musicals, recitals, or
concerts, is subject to the following requirements:
(1) An employer shall not allow a minor to work in more
than 2 performances in any 24-hour period.
(2) An employer shall not allow a minor to work in more
than 8 performances in any 7-day period or 9 performances
if a State holiday occurs during that 7-day period.
(3) A minors shall be accompanied by a parent,

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guardian, or chaperone at all times while at the work
site.
(4) A minor shall not work, including performing,
rehearsing, or otherwise being present at the work site,
in connection with the performance, for more than 8 hours
in any 24-hour period, more than 6 days in any 7-day
period, more than 24 hours in any 7-day period, or after 11
p.m. on any night.
(5) A minor shall not be excused from attending school
except as authorized by Section 26-1 of the School Code.
Section 50. Minors employed in live or pre-recorded,
distributed, broadcast performances and modeling.
(a) Notwithstanding the provisions of this Act, minors
under 16 years of age may be employed as models or performers
on live or pre-recorded radio or television, in motion
pictures, or in other entertainment-related performances,
subject to conditions that may be imposed by rule by the
Department.
(b) Notwithstanding the provisions of this Act, an
employer who employs a minor under 16 years of age in a
television, motion picture, or related entertainment
production may allow the minor to work until 10 p.m. without
seeking a waiver from the Department. An employer may apply to
the Director, or the Director's authorized representative, for
a waiver permitting a minor to work outside of the hours

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allowed by this Act.
(1) A waiver request for a minor to work between 10
p.m. and 12:30 a.m. or between 5 a.m. and 7 a.m. shall be
granted if the Director, or the Director's authorized
representative, is satisfied that all of the following
conditions are met:
(A) the employment shall not be detrimental to the
health or welfare of the minor;
(B) the minor shall be supervised adequately;
(C) the education of the minor shall not be
neglected; and
(D) the total number of hours to be worked that day
and week is not over the limits established in this Act
or any rules adopted under this Act.
(2) A waiver request for a minor to work between 12:30
a.m. and 5 a.m. shall be granted if the Director, or the
Director's authorized representative, is satisfied that
all of the following conditions are met:
(A) the employment shall not be detrimental to the
health or welfare of the minor;
(B) the minor shall be supervised adequately;
(C) the education of the minor shall not be
jeopardized;
(D) performance by the minor during that time is
critical to the success of the production, as
demonstrated by true and accurate statements by the

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employer that filming cannot be completed at any other
time of day;
(E) the filming primarily requires exterior
footage of sunset, nighttime, or dawn;
(F) the filming is scheduled on the most optimal
day of the week for the minor's schooling;
(G) the employer provides a schedule to the
Department of schooling and rest periods on the day
before, the day of, and the day after the overnight
hours to be worked;
(H) the age of the minor is taken into account as
provided by this Act or any rules adopted under this
Act;
(I) the total number of hours to be worked that day
and week is not over the limits established in this Act
or any rules adopted under this Act; and
(J) the waiver request was received by the
Department at least 72 hours prior to the overnight
hours to be worked.
(c) An employer applying for the waiver shall submit to
the Director, or the Director's authorized representative, a
completed application on the form that the Director provides.
The waiver shall contain signatures that show the consent of a
parent or legal guardian of the minor, the employer, and an
authorized representative of a collective bargaining unit if a
collective bargaining unit represents the minor upon

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employment.
Section 55. Employment certificates.
(a) Any employer who employs, allows, or permits a minor
to work shall ensure that the minor holds a valid employment
certificate issued by a school issuing officer.
(b) An application for an employment certificate must be
submitted by the minor and the minor's parent or legal
guardian to the minor's school issuing officer as follows.
(1) The application shall be signed by the applicant's
parent or legal guardian.
(2) The application shall be submitted in person by
the minor desiring employment, unless the school issuing
officer determines that the minor may utilize a remote
application process.
(3) The minor shall be accompanied by his or her
parent, guardian, or custodian, whether applying in person
or remotely.
(4) The following papers shall be submitted with the
application:
(A) A statement of intention to employ signed by
the prospective employer, or by someone duly
authorized by them, setting forth the specific nature
of the occupation in which he intends to employ the
minor and the exact hours of the day and number of
hours per day and days per week during which the minor

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shall be employed.
(B) Evidence of age showing that the minor is of
the age required by this Act, which evidence shall be
documentary, and shall be required in the order
designated, as follows:
(i) a birth certificate; or
(ii) if a birth certificate is unavailable,
the parent or legal guardian may present other
reliable proof of the child's identity and age
that is supported by a sworn statement explaining
why the birth certificate is not available. Other
reliable proof of the child's identity and age
includes a passport, visa, or other governmental
documentation of the child's identity. If the
student was not born in the United States, the
school issuing officer must accept birth
certificates or other reliable proof from a
foreign government.
(C) A statement on a form approved by the
Department and signed by the school issuing officer,
showing the minor's name, address, grade last
completed, and the names of the minor's parents or
legal guardian. If the minor does not have a permanent
home address or is otherwise eligible for services
under the federal McKinney-Vento Homeless Assistance
Act, the lack of a birth certificate or permanent home

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address alone shall not be a barrier to receiving an
employment certificate.
(D) A statement of physical fitness signed by a
health care professional who has examined the minor,
certifying that the minor is physically fit to be
employed in all legal occupations or to be employed in
legal occupations under limitations specified, or, at
the discretion of the school issuing officer, the
minor's most recent school physical. If the statement
of physical fitness is limited, the employment
certificate issued thereon shall state clearly the
limitations upon its use, and shall be valid only when
used under the limitations so stated. In any case
where the health care professional deems it advisable
that he or she may issue a certificate of physical
fitness for a specified period of time, at the
expiration of which the person for whom it was issued
shall appear and be re-examined before being permitted
to continue work. Examinations shall be made in
accordance with the standards and procedures
prescribed by the Director, in consultation with the
Director of the Department of Public Health and the
State Superintendent of Education, and shall be
recorded on a form furnished by the Department. When
made by public health or public school physicians, the
examination shall be made without charge to the minor.

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If a public health or public school health care
professional is not available, a statement from a
private health care professional who has examined the
minor may be accepted, provided that the examination
is made in accordance with the standards and
procedures established by the Department. For purposes
of this paragraph, "health care professional" means a
physician licensed to practice medicine in all its
branches, a licensed advanced practice registered
nurse, or a licensed physician assistant.
(5) The school issuing officer shall have authority to
verify the representations provided in the employment
certificate application as required by Section 55. A
school issuing officer shall not charge a fee for the
consideration of an employment certificate application.
(6) It shall be the duty of the school board or local
school authority to designate a place or places where
certificates shall be issued and recorded, and physical
examinations made without fee, and to establish and
maintain the necessary records and clerical services for
carrying out the provisions of this Act.
(b) Upon receipt of an application for an employment
certificate, a school issuing officer shall issue an
employment certificate only after examining and approving the
written application and other papers required under this
Section, and determining that the employment shall not be

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detrimental to the minor's health, welfare, and education. The
school issuing officer shall consider any report of death,
injury, or illness of a minor at that workplace, received
under the requirements of Section 35, in the prior 2 years in
determining whether the employment shall be detrimental to the
minor's health, welfare, and education. Upon issuing an
employment certificate to a minor, the school issuing officer
shall notify the principal of the school attended by the
minor. The employment certificate shall be valid for a period
of one year from the date of issuance, unless suspended or
revoked.
(c) If the school issuing officer refuses to issue a
certificate to a minor, the school issuing officer shall send
to the principal of the school last attended by the minor a
notice of the refusal, including the name and address of the
minor and of the minor's parents or legal guardians, and the
reason for the refusal to issue the certificate.
(d) If a minor from another state seeks to obtain an
Illinois employment certificate, the Department shall work
with the State Superintendent of Education, or his or her duly
authorized agents, to issue the certificate if the State
Superintendent of Education deems that all requirements for
issuance have been met.
(e) Upon request, the school issuing officer shall issue a
certificate of age to any person between 16 and 20 years of age
upon presentation of the same proof of age as is required for

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the issuance of employment certificates under this Act.
(f) Any certificate duly issued in accordance with this
Act shall be prima facie evidence of the age of the minor for
whom issued in any proceeding involving the employment of the
minor under this Act, as to any act occurring subsequent to its
issuance, or until revoked.
(g) The Department may suspend any certificate as an
emergency action imperatively required for the health, safety,
welfare, or education of the minor if:
(1) the parent or legal guardian of a minor, or the
principal of the school attended by the minor for whom an
employment certificate has been issued has asked for the
revocation of the certificate by petition to the
Department in writing, stating the reasons he or she
believes that the employment is interfering with the
health, safety, welfare, or education of the minor; or
(2) in the judgment of the Director, the employment
certificate was improperly issued or if the minor is
illegally employed.
If the certificate is suspended, the Department shall
notify the employer of the minor, the parent or guardian of the
minor, the minor's school principal, and the school issuing
officer of the suspension in writing and shall schedule an
administrative hearing to take place within 21 days after the
date of any suspension. The minor shall not thereafter be
employed, allowed, or permitted to work unless and until his

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or her employment certificate has been reinstated. After the
hearing, an administrative law judge shall issue a final order
either reinstating or revoking the employment certificate. If
the certificate is revoked, the employer shall not thereafter
employ, permit, or allow the minor to work until the minor has
obtained a new employment certificate authorizing the minor's
employment by that employer.
Section 60. Department powers.
(a) The Department shall make, adopt, and enforce
reasonable rules relating to the administration and
enforcement of the provisions of this Act, including the
issuance of employment certificates authorized under this Act,
as may be deemed expedient. The rules shall be designed to
protect the health, safety, welfare, and education of minors
and to ensure that the conditions under which minors are
employed, allowed, or permitted to work shall not impair their
health, welfare, development, or education.
(b) In order to promote uniformity and efficiency of
issuance, the Department shall, in consultation with the State
Superintendent of Education, formulate the forms on which
certificates shall be issued and also forms needed in
connection with the issuance, and it shall supply the forms to
the school issuing officers.
Section 65. Investigation.

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(a) It shall be the duty of the Department to enforce the
provisions of this Act. The Department shall have the power to
conduct investigations in connection with the administration
and enforcement of this Act and the authorized officers and
employees of the Department are hereby authorized and
empowered, to visit and inspect, at all reasonable times and
as often as possible, all places covered by this Act.
(b) The Director of Labor, or the Director's authorized
representative, may compel by subpoena, the attendance and
testimony of witnesses and the production of books, payrolls,
records, papers, and other evidence in any investigation or
hearing and may administer oaths to witnesses.
Section 70. Enforcement.
(a) The Department shall conduct hearings in accordance
with the Illinois Administrative Procedure Act if, upon
investigation, the Department finds cause to believe the Act,
or any rules adopted thereunder, has been violated; or to
consider whether to reinstate or revoke a minor's employment
certificate in accordance with Section 55.
(b) After the hearing, if supported by the evidence, the
Department may issue and cause to be served on any party an
order to cease and desist from violation of the Act, take
further affirmative or other action as deemed reasonable to
eliminate the effect of the violation, and may revoke any
certificate issued under the Act and determine the amount of

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any civil penalty allowed by the Act. The Department may serve
orders by certified mail or by sending a copy by email to an
email address previously designated by the party for purposes
of receiving notice under this Act. An email address provided
by the party in the course of the administrative proceeding
shall not be used in any subsequent proceedings, unless the
party designates that email address for the subsequent
proceeding.
(c) Any party to a proceeding under the Act may apply for
and obtain judicial review of an order of the Department
entered under this Act in accordance with the provisions of
the Administrative Review Law, and the Department in
proceedings under this Section may obtain an order of court
for the enforcement of its order.
(d) Whenever it appears that any employer has violated a
valid order of the Department issued under this Act, the
Director may commence an action and obtain from the court an
order upon the employer commanding them to obey the order of
the Department or be adjudged guilty of contempt of court and
punished accordingly.
Section 75. Civil penalties.
(a) Any person employing, allowing, or permitting a minor
to work who violates any of the provisions of this Act or any
rule adopted under the Act shall be subject to a civil penalty
of not to exceed $20,000 for each violation, except that in the

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event of the death of a minor or an illness or injury required
to be reported to the Department under Section 35, subsequent
to a violation, the employer is subject to a penalty not to
exceed $60,000.
(1) In determining the amount of the penalty, the
appropriateness of the penalty to the size of the business
of the employer charged and the gravity of the violation
shall be considered.
(2) Each day during which any violation of this Act
continues shall constitute a separate and distinct
offense, and the employment of any minor in violation of
the Act shall, with respect to each minor so employed,
constitute a separate and distinct offense.
(b) Any administrative determination by the Department of
the amount of each penalty shall be final unless reviewed as
provided in Section 70.
(c) The amount of the penalty, when finally determined,
may be recovered in a civil action brought by the Director in
any circuit court, in which litigation the Director shall be
represented by the Attorney General.
(d) Penalties recovered under this Section shall be paid
by certified check, money order, or by an electronic payment
system designated by the Department, and deposited into the
Child Labor and Day and Temporary Labor Services Enforcement
Fund, a special fund in the State treasury. Moneys in the Fund
shall be used, subject to appropriation, for exemplary

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programs, demonstration projects, and other activities or
purposes related to the enforcement of this Act or for the
activities or purposes related to the enforcement of the Day
and Temporary Labor Services Act, or for the activities or
purposes related to the enforcement of the Private Employment
Agency Act.
Section 80. Criminal penalties. Any person who engages in
any of the following activities shall be guilty of a Class A
misdemeanor and shall be subject to a civil penalty of no less
than $500 and no more than $2,500:
(1) employs, allows, or permits any minor to work in
violation of this Act, or of any rule, order, or ruling
issued under the provisions of this Act;
(2) obstructs the Department, its inspectors or
deputies, or any other person authorized to inspect places
of employment under this Act;
(3) willfully fails to comply with the provisions of
this Act; or
(4) having under his, her or its control or custody
any minor, willfully employs, allows, or permits a minor
to work in violation of this Act.
(e) Whenever in the opinion of the Department a violation
of this Act has occurred, it shall report the violation to the
Attorney General who shall prosecute all violations reported.
(f) The amount of the penalty, when finally determined,

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shall be ordered by the court, in an action brought for a
criminal violation, to be paid to the Department.
(g) Penalties recovered under this Section shall be paid
into the Child Labor and Day and Temporary Labor Services
Enforcement Fund.
Section 85. Department reporting and outreach.
(a) The Department shall maintain a toll-free telephone
number to facilitate information requests concerning the
issuance of certificates under this Act and the reporting of
violations of this Act.
(b) The Department shall conduct ongoing outreach and
education efforts concerning this Act targeted toward school
districts, employers, and other appropriate community
organizations. The Department shall, to the extent possible,
coordinate these outreach and education activities with other
appropriate local, State, and federal agencies.
(c) The Department shall file with the General Assembly,
no later than January 1 each year, a report of its activities
regarding administration and enforcement of this Act for the
preceding fiscal year.
Section 90. Child performers; trust fund.
(a) As used in this Section:
"Artistic or creative services" includes, but is not
limited to, services as: an actor, actress, dancer, musician,

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comedian, singer, stunt person, voice-over artist, runway or
print model, other performer or entertainer, songwriter,
musical producer, arranger, writer, director, producer,
production executive, choreographer, composer, conductor, or
designer.
"Child performer" means an unemancipated person under the
age of 16 who is employed in this State and who agrees to
render artistic or creative services.
(b) In addition to the requirements of Section 55, the
person authorized to issue employment certificates must
determine that a trust account, established by the child
performer's parent or guardian, that meets the requirements of
subsection (c) has been established designating the minor as
the beneficiary of the trust account before an employment
certificate for work as a child performer may be issued for a
minor under the age of 16 years. The person authorized to issue
employment certificates shall issue a temporary employment
certificate having a duration of not more than 15 days without
the establishment of a trust fund to permit a minor to provide
artistic or creative services. No more than one temporary
employment certificate may be issued for each child performer.
The Department shall prescribe the form in which temporary
employment certificates shall be issued and shall make the
forms available on its website.
(c) A trust account subject to this Section must provide,
at a minimum, the following:

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(1) that at least 15% of the gross earnings of the
child performer shall be deposited into the account; (2)
that the funds in the account shall be available only to
the child performer;
(3) that the account shall be held by a bank,
corporate fiduciary, or trust company, as those terms are
defined in the Corporate Fiduciary Act;
(4) that the funds in the account shall become
available to the child performer upon the child performer
attaining the age of 18 years or until the child performer
is declared emancipated; and
(5) that the account meets the requirements of the
Illinois Uniform Transfers to Minors Act.
(d) The parent or guardian of the child performer shall
provide the employer with the information necessary to
transfer moneys into the trust account. Once the child
performer's employer deposits the money into the trust
account, the child performer's employer shall have no further
obligation or duty to monitor or account for the money. The
trustee or trustees of the trust shall be the only individual,
individuals, entity, or entities with the obligation or duty
to monitor and account for money once it has been deposited by
the child performer's employer.
(e) If the parent or guardian of the child performer fails
to provide the employer with the information necessary to
transfer funds into the trust account within 30 days after an

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employment certificate has been issued, the funds that were to
be transferred to the trust account shall be transferred to
the Office of the State Treasurer in accordance with Section
15-608 of the Revised Uniform Unclaimed Property Act.
(f) This Section does not apply to an employer of a child
performer employed to perform services as an extra, services
as a background performer, or services in a similar capacity.
(g) The Department may adopt rules to implement this
Section.
Section 95. Minors featured in vlogs.
(a) A minor under the age of 16 is considered engaged in
the work of vlogging when the following criteria are met at any
time during the previous 12-month period:
(1) at least 30% of the vlogger's compensated video
content produced within a 30-day period included the
likeness, name, or photograph of the minor. Content
percentage is measured by the percentage of time the
likeness, name, or photograph of the minor visually
appears or is the subject of an oral narrative in a video
segment, as compared to the total length of the segment;
and
(2) the number of views received per video segment on
any online platform met the online platform's threshold
for the generation of compensation or the vlogger received
actual compensation for video content equal to or greater

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than $0.10 per view.
(b) With the exception of Section 100, the provisions of
this Act do not apply to a minor engaged in the work of
vlogging.
(c) All vloggers whose content features a minor under the
age of 16 engaged in the work of vlogging shall maintain the
following records and shall provide them to the minor on an
ongoing basis:
(1) the name and documentary proof of the age of the
minor engaged in the work of vlogging;
(2) the number of vlogs that generated compensation as
described in subsection (a) during the reporting period;
(3) the total number of minutes of the vlogs that the
vlogger received compensation for during the reporting
period;
(4) the total number of minutes each minor was
featured in vlogs during the reporting period;
(5) the total compensation generated from vlogs
featuring a minor during the reporting period; and
(6) the amount deposited into the trust account for
the benefit of the minor engaged in the working of
vlogging, as required by Section 100.
(d) If a vlogger whose vlog content features minors under
the age of 16 engaged in the work of vlogging fails to maintain
the records as provided in subsection (c), the minor may
commence a civil action to enforce the provisions of this

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Section.
Section 100. Minor engaged in the work of vlogging; trust
fund.
(a) A minor satisfying the criteria described in
subsection (a) of Section 95 must be compensated by the
vlogger. The vlogger must set aside gross earnings on the
video content, including the likeness, name, or photograph of
the minor in a trust account to be preserved for the benefit of
the minor upon reaching the age of majority, according to the
following distribution:
(1) where only one minor meets the content threshold
described in Section 95, the percentage of total gross
earnings on any video segment, including the likeness,
name, or photograph of the minor that is equal to or
greater than half of the content percentage that includes
the minor as described in Section 95; or
(2) where more than one minor meets the content
threshold described in Section 95 and a video segment
includes more than one of those minors, the percentage
described in paragraph (1) for all minors in any segment
must be equally divided between the minors, regardless of
differences in percentage of content provided by the
individual minors.
(b) A trust account required under this Section must
provide, at a minimum, the following:

HB5563 - 35 - LRB103 39482 SPS 69677 b
(1) that the funds in the account shall be available
only to the minor engaged in the work of vlogging;
(2) that the account shall be held by a bank,
corporate fiduciary, or trust company, as those terms are
defined in the Corporate Fiduciary Act;
(3) that the funds in the account shall become
available to the minor engaged in the work of vlogging
upon the minor attaining the age of 18 years or until the
minor is declared emancipated; and
(4) that the account meets the requirements of the
Illinois Uniform Transfers to Minors Act.
(c) If a vlogger knowingly or recklessly violates this
Section, a minor satisfying the criteria described in
subsection (a) of Section 95 may commence an action to enforce
the provisions of this Section regarding the trust account.
The court may award, to a minor who prevails in any action
brought in accordance with this Section, the following
damages:
(1) actual damages;
(2) punitive damages; and
(3) the costs of the action, including attorney's fees
and litigation costs.
(d) This Section does not affect a right or remedy
available under any other law of the State.
(e) Nothing in this Section shall be interpreted to have
any effect on a party that is neither the vlogger nor the minor

HB5563 - 36 - LRB103 39482 SPS 69677 b
engaged in the work of vlogging.
Section 105. No limitations on other laws. Nothing in this
Act shall limit another State agency's authority to enforce
violations of any other State law.
Section 110. Severability. If any part of this Act is
decided to be unconstitutional and void, the decision shall
not affect the validity of the remaining parts of this Act
unless the part held void is indispensable to the operation of
the remaining parts.
(820 ILCS 205/Act rep.)
Section 900. The Child Labor Law is repealed.
Section 905. The School Code is amended by changing
Section 26-1 as follows:
(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
Sec. 26-1. Compulsory school age; exemptions. Whoever has
custody or control of any child (i) between the ages of 7 and
17 years (unless the child has already graduated from high
school) for school years before the 2014-2015 school year or
(ii) between the ages of 6 (on or before September 1) and 17
years (unless the child has already graduated from high
school) beginning with the 2014-2015 school year shall cause

HB5563 - 37 - LRB103 39482 SPS 69677 b
such child to attend some public school in the district
wherein the child resides the entire time it is in session
during the regular school term, except as provided in Section
10-19.1, and during a required summer school program
established under Section 10-22.33B; provided, that the
following children shall not be required to attend the public
schools:
1. Any child attending a private or a parochial school
where children are taught the branches of education taught
to children of corresponding age and grade in the public
schools, and where the instruction of the child in the
branches of education is in the English language;
2. Any child who is physically or mentally unable to
attend school, such disability being certified to the
county or district truant officer by a competent physician
licensed in Illinois to practice medicine and surgery in
all its branches, a chiropractic physician licensed under
the Medical Practice Act of 1987, a licensed advanced
practice registered nurse, a licensed physician assistant,
or a Christian Science practitioner residing in this State
and listed in the Christian Science Journal; or who is
excused for temporary absence for cause by the principal
or teacher of the school which the child attends, with
absence for cause by illness being required to include the
mental or behavioral health of the child for up to 5 days
for which the child need not provide a medical note, in

HB5563 - 38 - LRB103 39482 SPS 69677 b
which case the child shall be given the opportunity to
make up any school work missed during the mental or
behavioral health absence and, after the second mental
health day used, may be referred to the appropriate school
support personnel; the exemptions in this paragraph (2) do
not apply to any female who is pregnant or the mother of
one or more children, except where a female is unable to
attend school due to a complication arising from her
pregnancy and the existence of such complication is
certified to the county or district truant officer by a
competent physician;
3. Any child necessarily and lawfully employed
according to the provisions of the Child Labor Law of 2024
law regulating child labor may be excused from attendance
at school by the county superintendent of schools or the
superintendent of the public school which the child should
be attending, on certification of the facts by and the
recommendation of the school board of the public school
district in which the child resides. In districts having
part-time continuation schools, children so excused shall
attend such schools at least 8 hours each week;
4. Any child over 12 and under 14 years of age while in
attendance at confirmation classes;
5. Any child absent from a public school on a
particular day or days or at a particular time of day for
the reason that he is unable to attend classes or to

HB5563 - 39 - LRB103 39482 SPS 69677 b
participate in any examination, study, or work
requirements on a particular day or days or at a
particular time of day because of religious reasons,
including the observance of a religious holiday or
participation in religious instruction, or because the
tenets of his religion forbid secular activity on a
particular day or days or at a particular time of day. A
school board may require the parent or guardian of a child
who is to be excused from attending school because of
religious reasons to give notice, not exceeding 5 days, of
the child's absence to the school principal or other
school personnel. Any child excused from attending school
under this paragraph 5 shall not be required to submit a
written excuse for such absence after returning to school.
A district superintendent shall develop and distribute to
schools appropriate procedures regarding a student's
absence for religious reasons, how schools are notified of
a student's impending absence for religious reasons, and
the requirements of Section 26-2b of this Code;
6. Any child 16 years of age or older who (i) submits
to a school district evidence of necessary and lawful
employment pursuant to paragraph 3 of this Section and
(ii) is enrolled in a graduation incentives program
pursuant to Section 26-16 of this Code or an alternative
learning opportunities program established pursuant to
Article 13B of this Code;

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7. A child in any of grades 6 through 12 absent from a
public school on a particular day or days or at a
particular time of day for the purpose of sounding "Taps"
at a military honors funeral held in this State for a
deceased veteran. In order to be excused under this
paragraph 7, the student shall notify the school's
administration at least 2 days prior to the date of the
absence and shall provide the school's administration with
the date, time, and location of the military honors
funeral. The school's administration may waive this 2-day
notification requirement if the student did not receive at
least 2 days advance notice, but the student shall notify
the school's administration as soon as possible of the
absence. A student whose absence is excused under this
paragraph 7 shall be counted as if the student attended
school for purposes of calculating the average daily
attendance of students in the school district. A student
whose absence is excused under this paragraph 7 must be
allowed a reasonable time to make up school work missed
during the absence. If the student satisfactorily
completes the school work, the day of absence shall be
counted as a day of compulsory attendance and he or she may
not be penalized for that absence; and
8. Any child absent from a public school on a
particular day or days or at a particular time of day for
the reason that his or her parent or legal guardian is an

HB5563 - 41 - LRB103 39482 SPS 69677 b
active duty member of the uniformed services and has been
called to duty for, is on leave from, or has immediately
returned from deployment to a combat zone or
combat-support postings. Such a student shall be granted 5
days of excused absences in any school year and, at the
discretion of the school board, additional excused
absences to visit the student's parent or legal guardian
relative to such leave or deployment of the parent or
legal guardian. In the case of excused absences pursuant
to this paragraph 8, the student and parent or legal
guardian shall be responsible for obtaining assignments
from the student's teacher prior to any period of excused
absence and for ensuring that such assignments are
completed by the student prior to his or her return to
school from such period of excused absence.
Any child from a public middle school or high school,
subject to guidelines established by the State Board of
Education, shall be permitted by a school board one school
day-long excused absence per school year for the child who is
absent from school to engage in a civic event. The school board
may require that the student provide reasonable advance notice
of the intended absence to the appropriate school
administrator and require that the student provide
documentation of participation in a civic event to the
appropriate school administrator.
(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22;

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102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff.
1-1-23.)
Section 910. The Child Care Act of 1969 is amended by
changing Section 2.17 as follows:
(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
Sec. 2.17. "Foster family home" means the home of an
individual or family:
(1) that is licensed or approved by the state in which it
is situated as a foster family home that meets the standards
established for the licensing or approval; and
(2) in which a child in foster care has been placed in the
care of an individual who resides with the child and who has
been licensed or approved by the state to be a foster parent
and:
(A) who the Department of Children and Family Services
deems capable of adhering to the reasonable and prudent
parent standard;
(B) who provides 24-hour substitute care for children
placed away from their parents or other caretakers; and
(3) who provides the care for no more than 6 children,
except the Director of Children and Family Services, pursuant
to Department regulations, may waive the numerical limitation
of foster children who may be cared for in a foster family home
for any of the following reasons to allow: (i) a parenting

HB5563 - 43 - LRB103 39482 SPS 69677 b
youth in foster care to remain with the child of the parenting
youth; (ii) siblings to remain together; (iii) a child with an
established meaningful relationship with the family to remain
with the family; or (iv) a family with special training or
skills to provide care to a child who has a severe disability.
The family's or relative's own children, under 18 years of
age, shall be included in determining the maximum number of
children served.
For purposes of this Section, a "relative" includes any
person, 21 years of age or over, other than the parent, who (i)
is currently related to the child in any of the following ways
by blood or adoption: grandparent, sibling, great-grandparent,
uncle, aunt, nephew, niece, first cousin, great-uncle, or
great-aunt; or (ii) is the spouse of such a relative; or (iii)
is a child's step-father, step-mother, or adult step-brother
or step-sister; or (iv) is a fictive kin; "relative" also
includes a person related in any of the foregoing ways to a
sibling of a child, even though the person is not related to
the child, when the child and its sibling are placed together
with that person. For purposes of placement of children
pursuant to Section 7 of the Children and Family Services Act
and for purposes of licensing requirements set forth in
Section 4 of this Act, for children under the custody or
guardianship of the Department pursuant to the Juvenile Court
Act of 1987, after a parent signs a consent, surrender, or
waiver or after a parent's rights are otherwise terminated,

HB5563 - 44 - LRB103 39482 SPS 69677 b
and while the child remains in the custody or guardianship of
the Department, the child is considered to be related to those
to whom the child was related under this Section prior to the
signing of the consent, surrender, or waiver or the order of
termination of parental rights.
The term "foster family home" includes homes receiving
children from any State-operated institution for child care;
or from any agency established by a municipality or other
political subdivision of the State of Illinois authorized to
provide care for children outside their own homes. The term
"foster family home" does not include an "adoption-only home"
as defined in Section 2.23 of this Act. The types of foster
family homes are defined as follows:
(a) "Boarding home" means a foster family home which
receives payment for regular full-time care of a child or
children.
(b) "Free home" means a foster family home other than
an adoptive home which does not receive payments for the
care of a child or children.
(c) "Adoptive home" means a foster family home which
receives a child or children for the purpose of adopting
the child or children, but does not include an
adoption-only home.
(d) "Work-wage home" means a foster family home which
receives a child or children who pay part or all of their
board by rendering some services to the family not

HB5563 - 45 - LRB103 39482 SPS 69677 b
prohibited by the Child Labor Law of 2024 or by standards
or regulations of the Department prescribed under this
Act. The child or children may receive a wage in
connection with the services rendered the foster family.
(e) "Agency-supervised home" means a foster family
home under the direct and regular supervision of a
licensed child welfare agency, of the Department of
Children and Family Services, of a circuit court, or of
any other State agency which has authority to place
children in child care facilities, and which receives no
more than 8 children, unless of common parentage, who are
placed and are regularly supervised by one of the
specified agencies.
(f) "Independent home" means a foster family home,
other than an adoptive home, which receives no more than 4
children, unless of common parentage, directly from
parents, or other legally responsible persons, by
independent arrangement and which is not subject to direct
and regular supervision of a specified agency except as
such supervision pertains to licensing by the Department.
(g) "Host home" means an emergency foster family home
under the direction and regular supervision of a licensed
child welfare agency, contracted to provide short-term
crisis intervention services to youth served under the
Comprehensive Community-Based Youth Services program,
under the direction of the Department of Human Services.

HB5563 - 46 - LRB103 39482 SPS 69677 b
The youth shall not be under the custody or guardianship
of the Department pursuant to the Juvenile Court Act of
1987.
(Source: P.A. 102-688, eff. 7-1-22; 103-564, eff. 11-17-23.)
Section 915. The Private Employment Agency Act is amended
by changing Sections 10 and 12.6 as follows:
(225 ILCS 515/10) (from Ch. 111, par. 910)
Sec. 10. Licensee prohibitions. No licensee shall send or
cause to be sent any female help or servants, inmate, or
performer to enter any questionable place, or place of bad
repute, house of ill-fame, or assignation house, or to any
house or place of amusement kept for immoral purposes, or
place resorted to for the purpose of prostitution or gambling
house, the character of which licensee knows either actually
or by reputation.
No licensee shall permit questionable characters,
prostitutes, gamblers, intoxicated persons, or procurers to
frequent the agency.
No licensee shall accept any application for employment
made by or on behalf of any child, or shall place or assist in
placing any such child in any employment whatever, in
violation of the Child Labor Law of 2024. A violation of any
provision of this Section shall be a Class A misdemeanor.
No licensee shall publish or cause to be published any

HB5563 - 47 - LRB103 39482 SPS 69677 b
fraudulent or misleading notice or advertisement of its
employment agencies by means of cards, circulars, or signs, or
in newspapers or other publications; and all letterheads,
receipts, and blanks shall contain the full name and address
of the employment agency and licensee shall state in all
notices and advertisements the fact that licensee is, or
conducts, a private employment agency.
No licensee shall print, publish, or paint on any sign or
window, or insert in any newspaper or publication, a name
similar to that of the Illinois Public Employment Office.
No licensee shall print or stamp on any receipt or on any
contract used by that agency any part of this Act, unless the
entire Section from which that part is taken is printed or
stamped thereon.
All written communications sent out by any licensee,
directly or indirectly, to any person or firm with regard to
employees or employment shall contain therein definite
information that such person is a private employment agency.
No licensee or his or her employees shall knowingly give
any false or misleading information, or make any false or
misleading promise to any applicant who shall apply for
employment or employees.
(Source: P.A. 90-372, eff. 7-1-98.)
(225 ILCS 515/12.6)
Sec. 12.6. Child Labor and Day and Temporary Labor

HB5563 - 48 - LRB103 39482 SPS 69677 b
Services Enforcement Fund. All moneys received as fees and
penalties under this Act shall be deposited into the Child
Labor and Day and Temporary Labor Services Enforcement Fund
and may be used for the purposes set forth in Section 75 17.3
of the Child Labor Law of 2024.
(Source: P.A. 99-422, eff. 1-1-16.)
Section 920. The Day and Temporary Labor Services Act is
amended by changing Section 67 as follows:
(820 ILCS 175/67)
Sec. 67. Action for civil penalties brought by an
interested party.
(a) Upon a reasonable belief that a day and temporary
labor service agency or a third party client covered by this
Act is in violation of any part of this Act, an interested
party may initiate a civil action in the county where the
alleged offenses occurred or where any party to the action
resides, asserting that a violation of the Act has occurred,
pursuant to the following sequence of events:
(1) The interested party submits to the Department of
Labor a complaint describing the violation and naming the
day or temporary labor service agency or third party
client alleged to have violated this Act.
(2) The Department sends notice of complaint to the
named parties alleged to have violated this Act and the

HB5563 - 49 - LRB103 39482 SPS 69677 b
interested party. The named parties may either contest the
alleged violation or cure the alleged violation.
(3) The named parties contest or cure the alleged
violation within 30 days after the receipt of the notice
of complaint or, if the named party does not respond
within 30 days, the Department issues a notice of right to
sue to the interested party as described in paragraph (4).
(4) The Department issues a notice of right to sue to
the interested party, if one or more of the following has
occurred:
(i) the named party has cured the alleged
violation to the satisfaction of the Director;
(ii) the Director has determined that the
allegation is unjustified or that the Department does
not have jurisdiction over the matter or the parties;
or
(iii) the Director has determined that the
allegation is justified or has not made a
determination, and either has decided not to exercise
jurisdiction over the matter or has concluded
administrative enforcement of the matter.
(b) If within 180 days after service of the notice of
complaint to the parties, the Department has not (i) resolved
the contest and cure period, (ii) with the mutual agreement of
the parties, extended the time for the named party to cure the
violation and resolve the complaint, or (iii) issued a right

HB5563 - 50 - LRB103 39482 SPS 69677 b
to sue letter, the interested party may initiate a civil
action for penalties. The parties may extend the 180-day
period by mutual agreement. The limitations period for the
interested party to bring an action for the alleged violation
of the Act shall be tolled for the 180-day period and for the
period of any mutually agreed extensions. At the end of the
180-day period, or any mutually agreed extensions, the
Department shall issue a right to sue letter to the interested
party.
(c) Any claim or action filed under this Section must be
made within 3 years of the alleged conduct resulting in the
complaint plus any period for which the limitations period has
been tolled.
(d) In an action brought pursuant to this Section, an
interested party may recover against the covered entity any
statutory penalties set forth in Section 70 and injunctive
relief. An interested party who prevails in a civil action
shall receive 10% of any statutory penalties assessed, plus
any attorneys' fees and expenses in bringing the action. The
remaining 90% of any statutory penalties assessed shall be
deposited into the Child Labor and Day and Temporary Labor
Services Enforcement Fund and shall be used exclusively for
the purposes set forth in Section 17.3 of the Child Labor Law
of 2024.
(Source: P.A. 103-437, eff. 8-4-23.)

HB5563 - 51 - LRB103 39482 SPS 69677 b
Section 925. The Workers' Compensation Act is amended by
changing Sections 7 and 8 as follows:
(820 ILCS 305/7) (from Ch. 48, par. 138.7)
Sec. 7. The amount of compensation which shall be paid for
an accidental injury to the employee resulting in death is:
(a) If the employee leaves surviving a widow, widower,
child or children, the applicable weekly compensation rate
computed in accordance with subparagraph 2 of paragraph (b) of
Section 8, shall be payable during the life of the widow or
widower and if any surviving child or children shall not be
physically or mentally incapacitated then until the death of
the widow or widower or until the youngest child shall reach
the age of 18, whichever shall come later; provided that if
such child or children shall be enrolled as a full time student
in any accredited educational institution, the payments shall
continue until such child has attained the age of 25. In the
event any surviving child or children shall be physically or
mentally incapacitated, the payments shall continue for the
duration of such incapacity.
The term "child" means a child whom the deceased employee
left surviving, including a posthumous child, a child legally
adopted, a child whom the deceased employee was legally
obligated to support or a child to whom the deceased employee
stood in loco parentis. The term "children" means the plural
of "child".

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The term "physically or mentally incapacitated child or
children" means a child or children incapable of engaging in
regular and substantial gainful employment.
In the event of the remarriage of a widow or widower, where
the decedent did not leave surviving any child or children
who, at the time of such remarriage, are entitled to
compensation benefits under this Act, the surviving spouse
shall be paid a lump sum equal to 2 years compensation benefits
and all further rights of such widow or widower shall be
extinguished.
If the employee leaves surviving any child or children
under 18 years of age who at the time of death shall be
entitled to compensation under this paragraph (a) of this
Section, the weekly compensation payments herein provided for
such child or children shall in any event continue for a period
of not less than 6 years.
Any beneficiary entitled to compensation under this
paragraph (a) of this Section shall receive from the special
fund provided in paragraph (f) of this Section, in addition to
the compensation herein provided, supplemental benefits in
accordance with paragraph (g) of Section 8.
(b) If no compensation is payable under paragraph (a) of
this Section and the employee leaves surviving a parent or
parents who at the time of the accident were totally dependent
upon the earnings of the employee then weekly payments equal
to the compensation rate payable in the case where the

HB5563 - 53 - LRB103 39482 SPS 69677 b
employee leaves surviving a widow or widower, shall be paid to
such parent or parents for the duration of their lives, and in
the event of the death of either, for the life of the survivor.
(c) If no compensation is payable under paragraphs (a) or
(b) of this Section and the employee leaves surviving any
child or children who are not entitled to compensation under
the foregoing paragraph (a) but who at the time of the accident
were nevertheless in any manner dependent upon the earnings of
the employee, or leaves surviving a parent or parents who at
the time of the accident were partially dependent upon the
earnings of the employee, then there shall be paid to such
dependent or dependents for a period of 8 years weekly
compensation payments at such proportion of the applicable
rate if the employee had left surviving a widow or widower as
such dependency bears to total dependency. In the event of the
death of any such beneficiary the share of such beneficiary
shall be divided equally among the surviving beneficiaries and
in the event of the death of the last such beneficiary all the
rights under this paragraph shall be extinguished.
(d) If no compensation is payable under paragraphs (a),
(b) or (c) of this Section and the employee leaves surviving
any grandparent, grandparents, grandchild or grandchildren or
collateral heirs dependent upon the employee's earnings to the
extent of 50% or more of total dependency, then there shall be
paid to such dependent or dependents for a period of 5 years
weekly compensation payments at such proportion of the

HB5563 - 54 - LRB103 39482 SPS 69677 b
applicable rate if the employee had left surviving a widow or
widower as such dependency bears to total dependency. In the
event of the death of any such beneficiary the share of such
beneficiary shall be divided equally among the surviving
beneficiaries and in the event of the death of the last such
beneficiary all rights hereunder shall be extinguished.
(e) The compensation to be paid for accidental injury
which results in death, as provided in this Section, shall be
paid to the persons who form the basis for determining the
amount of compensation to be paid by the employer, the
respective shares to be in the proportion of their respective
dependency at the time of the accident on the earnings of the
deceased. The Commission or an Arbitrator thereof may, in its
or his discretion, order or award the payment to the parent or
grandparent of a child for the latter's support the amount of
compensation which but for such order or award would have been
paid to such child as its share of the compensation payable,
which order or award may be modified from time to time by the
Commission in its discretion with respect to the person to
whom shall be paid the amount of the order or award remaining
unpaid at the time of the modification.
The payments of compensation by the employer in accordance
with the order or award of the Commission discharges such
employer from all further obligation as to such compensation.
(f) The sum of $8,000 for burial expenses shall be paid by
the employer to the widow or widower, other dependent, next of

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kin or to the person or persons incurring the expense of
burial.
In the event the employer failed to provide necessary
first aid, medical, surgical or hospital service, he shall pay
the cost thereof to the person or persons entitled to
compensation under paragraphs (a), (b), (c) or (d) of this
Section, or to the person or persons incurring the obligation
therefore, or providing the same.
On January 15 and July 15, 1981, and on January 15 and July
15 of each year thereafter the employer shall within 60 days
pay a sum equal to 1/8 of 1% of all compensation payments made
by him after July 1, 1980, either under this Act or the
Workers' Occupational Diseases Act, whether by lump sum
settlement or weekly compensation payments, but not including
hospital, surgical or rehabilitation payments, made during the
first 6 months and during the second 6 months respectively of
the fiscal year next preceding the date of the payments, into a
special fund which shall be designated the "Second Injury
Fund", of which the State Treasurer is ex-officio custodian,
such special fund to be held and disbursed for the purposes
hereinafter stated in paragraphs (f) and (g) of Section 8,
either upon the order of the Commission or of a competent
court. Said special fund shall be deposited the same as are
State funds and any interest accruing thereon shall be added
thereto every 6 months. It is subject to audit the same as
State funds and accounts and is protected by the General bond

HB5563 - 56 - LRB103 39482 SPS 69677 b
given by the State Treasurer. It is considered always
appropriated for the purposes of disbursements as provided in
Section 8, paragraph (f), of this Act, and shall be paid out
and disbursed as therein provided and shall not at any time be
appropriated or diverted to any other use or purpose.
On January 15, 1991, the employer shall further pay a sum
equal to one half of 1% of all compensation payments made by
him from January 1, 1990 through June 30, 1990 either under
this Act or under the Workers' Occupational Diseases Act,
whether by lump sum settlement or weekly compensation
payments, but not including hospital, surgical or
rehabilitation payments, into an additional Special Fund which
shall be designated as the "Rate Adjustment Fund". On March
15, 1991, the employer shall pay into the Rate Adjustment Fund
a sum equal to one half of 1% of all such compensation payments
made from July 1, 1990 through December 31, 1990. Within 60
days after July 15, 1991, the employer shall pay into the Rate
Adjustment Fund a sum equal to one half of 1% of all such
compensation payments made from January 1, 1991 through June
30, 1991. Within 60 days after January 15 of 1992 and each
subsequent year through 1996, the employer shall pay into the
Rate Adjustment Fund a sum equal to one half of 1% of all such
compensation payments made in the last 6 months of the
preceding calendar year. Within 60 days after July 15 of 1992
and each subsequent year through 1995, the employer shall pay
into the Rate Adjustment Fund a sum equal to one half of 1% of

HB5563 - 57 - LRB103 39482 SPS 69677 b
all such compensation payments made in the first 6 months of
the same calendar year. Within 60 days after January 15 of 1997
and each subsequent year through 2005, the employer shall pay
into the Rate Adjustment Fund a sum equal to three-fourths of
1% of all such compensation payments made in the last 6 months
of the preceding calendar year. Within 60 days after July 15 of
1996 and each subsequent year through 2004, the employer shall
pay into the Rate Adjustment Fund a sum equal to three-fourths
of 1% of all such compensation payments made in the first 6
months of the same calendar year. Within 60 days after July 15
of 2005, the employer shall pay into the Rate Adjustment Fund a
sum equal to 1% of such compensation payments made in the first
6 months of the same calendar year. Within 60 days after
January 15 of 2006 and each subsequent year, the employer
shall pay into the Rate Adjustment Fund a sum equal to 1.25% of
such compensation payments made in the last 6 months of the
preceding calendar year. Within 60 days after July 15 of 2006
and each subsequent year, the employer shall pay into the Rate
Adjustment Fund a sum equal to 1.25% of such compensation
payments made in the first 6 months of the same calendar year.
The administrative costs of collecting assessments from
employers for the Rate Adjustment Fund shall be paid from the
Rate Adjustment Fund. The cost of an actuarial audit of the
Fund shall be paid from the Rate Adjustment Fund. The State
Treasurer is ex officio custodian of such Special Fund and the
same shall be held and disbursed for the purposes hereinafter

HB5563 - 58 - LRB103 39482 SPS 69677 b
stated in paragraphs (f) and (g) of Section 8 upon the order of
the Commission or of a competent court. The Rate Adjustment
Fund shall be deposited the same as are State funds and any
interest accruing thereon shall be added thereto every 6
months. It shall be subject to audit the same as State funds
and accounts and shall be protected by the general bond given
by the State Treasurer. It is considered always appropriated
for the purposes of disbursements as provided in paragraphs
(f) and (g) of Section 8 of this Act and shall be paid out and
disbursed as therein provided and shall not at any time be
appropriated or diverted to any other use or purpose. Within 5
days after the effective date of this amendatory Act of 1990,
the Comptroller and the State Treasurer shall transfer
$1,000,000 from the General Revenue Fund to the Rate
Adjustment Fund. By February 15, 1991, the Comptroller and the
State Treasurer shall transfer $1,000,000 from the Rate
Adjustment Fund to the General Revenue Fund. The Comptroller
and Treasurer are authorized to make transfers at the request
of the Chairman up to a total of $19,000,000 from the Second
Injury Fund, the General Revenue Fund, and the Workers'
Compensation Benefit Trust Fund to the Rate Adjustment Fund to
the extent that there is insufficient money in the Rate
Adjustment Fund to pay claims and obligations. Amounts may be
transferred from the General Revenue Fund only if the funds in
the Second Injury Fund or the Workers' Compensation Benefit
Trust Fund are insufficient to pay claims and obligations of

HB5563 - 59 - LRB103 39482 SPS 69677 b
the Rate Adjustment Fund. All amounts transferred from the
Second Injury Fund, the General Revenue Fund, and the Workers'
Compensation Benefit Trust Fund shall be repaid from the Rate
Adjustment Fund within 270 days of a transfer, together with
interest at the rate earned by moneys on deposit in the Fund or
Funds from which the moneys were transferred.
Upon a finding by the Commission, after reasonable notice
and hearing, that any employer has willfully and knowingly
failed to pay the proper amounts into the Second Injury Fund or
the Rate Adjustment Fund required by this Section or if such
payments are not made within the time periods prescribed by
this Section, the employer shall, in addition to such
payments, pay a penalty of 20% of the amount required to be
paid or $2,500, whichever is greater, for each year or part
thereof of such failure to pay. This penalty shall only apply
to obligations of an employer to the Second Injury Fund or the
Rate Adjustment Fund accruing after the effective date of this
amendatory Act of 1989. All or part of such a penalty may be
waived by the Commission for good cause shown.
Any obligations of an employer to the Second Injury Fund
and Rate Adjustment Fund accruing prior to the effective date
of this amendatory Act of 1989 shall be paid in full by such
employer within 5 years of the effective date of this
amendatory Act of 1989, with at least one-fifth of such
obligation to be paid during each year following the effective
date of this amendatory Act of 1989. If the Commission finds,

HB5563 - 60 - LRB103 39482 SPS 69677 b
following reasonable notice and hearing, that an employer has
failed to make timely payment of any obligation accruing under
the preceding sentence, the employer shall, in addition to all
other payments required by this Section, be liable for a
penalty equal to 20% of the overdue obligation or $2,500,
whichever is greater, for each year or part thereof that
obligation is overdue. All or part of such a penalty may be
waived by the Commission for good cause shown.
The Chairman of the Illinois Workers' Compensation
Commission shall, annually, furnish to the Director of the
Department of Insurance a list of the amounts paid into the
Second Injury Fund and the Rate Adjustment Fund by each
insurance company on behalf of their insured employers. The
Director shall verify to the Chairman that the amounts paid by
each insurance company are accurate as best as the Director
can determine from the records available to the Director. The
Chairman shall verify that the amounts paid by each
self-insurer are accurate as best as the Chairman can
determine from records available to the Chairman. The Chairman
may require each self-insurer to provide information
concerning the total compensation payments made upon which
contributions to the Second Injury Fund and the Rate
Adjustment Fund are predicated and any additional information
establishing that such payments have been made into these
funds. Any deficiencies in payments noted by the Director or
Chairman shall be subject to the penalty provisions of this

HB5563 - 61 - LRB103 39482 SPS 69677 b
Act.
The State Treasurer, or his duly authorized
representative, shall be named as a party to all proceedings
in all cases involving claim for the loss of, or the permanent
and complete loss of the use of one eye, one foot, one leg, one
arm or one hand.
The State Treasurer or his duly authorized agent shall
have the same rights as any other party to the proceeding,
including the right to petition for review of any award. The
reasonable expenses of litigation, such as medical
examinations, testimony, and transcript of evidence, incurred
by the State Treasurer or his duly authorized representative,
shall be borne by the Second Injury Fund.
If the award is not paid within 30 days after the date the
award has become final, the Commission shall proceed to take
judgment thereon in its own name as is provided for other
awards by paragraph (g) of Section 19 of this Act and take the
necessary steps to collect the award.
Any person, corporation or organization who has paid or
become liable for the payment of burial expenses of the
deceased employee may in his or its own name institute
proceedings before the Commission for the collection thereof.
For the purpose of administration, receipts and
disbursements, the Special Fund provided for in paragraph (f)
of this Section shall be administered jointly with the Special
Fund provided for in Section 7, paragraph (f) of the Workers'

HB5563 - 62 - LRB103 39482 SPS 69677 b
Occupational Diseases Act.
(g) All compensation, except for burial expenses provided
in this Section to be paid in case accident results in death,
shall be paid in installments equal to the percentage of the
average earnings as provided for in Section 8, paragraph (b)
of this Act, at the same intervals at which the wages or
earnings of the employees were paid. If this is not feasible,
then the installments shall be paid weekly. Such compensation
may be paid in a lump sum upon petition as provided in Section
9 of this Act. However, in addition to the benefits provided by
Section 9 of this Act where compensation for death is payable
to the deceased's widow, widower or to the deceased's widow,
widower and one or more children, and where a partial lump sum
is applied for by such beneficiary or beneficiaries within 18
months after the deceased's death, the Commission may, in its
discretion, grant a partial lump sum of not to exceed 100 weeks
of the compensation capitalized at their present value upon
the basis of interest calculated at 3% per annum with annual
rests, upon a showing that such partial lump sum is for the
best interest of such beneficiary or beneficiaries.
(h) In case the injured employee is under 16 years of age
at the time of the accident and is illegally employed, the
amount of compensation payable under paragraphs (a), (b), (c),
(d) and (f) of this Section shall be increased 50%.
Nothing herein contained repeals or amends the provisions
of the Child Labor Law of 2024 relating to the employment of

HB5563 - 63 - LRB103 39482 SPS 69677 b
minors under the age of 16 years.
However, where an employer has on file an employment
certificate issued pursuant to the Child Labor Law of 2024 or
work permit issued pursuant to the Federal Fair Labor
Standards Act, as amended, or a birth certificate properly and
duly issued, such certificate, permit or birth certificate is
conclusive evidence as to the age of the injured minor
employee for the purposes of this Section only.
(i) Whenever the dependents of a deceased employee are
noncitizens not residing in the United States, Mexico or
Canada, the amount of compensation payable is limited to the
beneficiaries described in paragraphs (a), (b) and (c) of this
Section and is 50% of the compensation provided in paragraphs
(a), (b) and (c) of this Section, except as otherwise provided
by treaty.
In a case where any of the persons who would be entitled to
compensation is living at any place outside of the United
States, then payment shall be made to the personal
representative of the deceased employee. The distribution by
such personal representative to the persons entitled shall be
made to such persons and in such manner as the Commission
orders.
(Source: P.A. 102-1030, eff. 5-27-22.)
(820 ILCS 305/8) (from Ch. 48, par. 138.8)
Sec. 8. The amount of compensation which shall be paid to

HB5563 - 64 - LRB103 39482 SPS 69677 b
the employee for an accidental injury not resulting in death
is:
(a) The employer shall provide and pay the negotiated
rate, if applicable, or the lesser of the health care
provider's actual charges or according to a fee schedule,
subject to Section 8.2, in effect at the time the service was
rendered for all the necessary first aid, medical and surgical
services, and all necessary medical, surgical and hospital
services thereafter incurred, limited, however, to that which
is reasonably required to cure or relieve from the effects of
the accidental injury, even if a health care provider sells,
transfers, or otherwise assigns an account receivable for
procedures, treatments, or services covered under this Act. If
the employer does not dispute payment of first aid, medical,
surgical, and hospital services, the employer shall make such
payment to the provider on behalf of the employee. The
employer shall also pay for treatment, instruction and
training necessary for the physical, mental and vocational
rehabilitation of the employee, including all maintenance
costs and expenses incidental thereto. If as a result of the
injury the employee is unable to be self-sufficient the
employer shall further pay for such maintenance or
institutional care as shall be required.
The employee may at any time elect to secure his own
physician, surgeon and hospital services at the employer's
expense, or,

HB5563 - 65 - LRB103 39482 SPS 69677 b
Upon agreement between the employer and the employees, or
the employees' exclusive representative, and subject to the
approval of the Illinois Workers' Compensation Commission, the
employer shall maintain a list of physicians, to be known as a
Panel of Physicians, who are accessible to the employees. The
employer shall post this list in a place or places easily
accessible to his employees. The employee shall have the right
to make an alternative choice of physician from such Panel if
he is not satisfied with the physician first selected. If, due
to the nature of the injury or its occurrence away from the
employer's place of business, the employee is unable to make a
selection from the Panel, the selection process from the Panel
shall not apply. The physician selected from the Panel may
arrange for any consultation, referral or other specialized
medical services outside the Panel at the employer's expense.
Provided that, in the event the Commission shall find that a
doctor selected by the employee is rendering improper or
inadequate care, the Commission may order the employee to
select another doctor certified or qualified in the medical
field for which treatment is required. If the employee refuses
to make such change the Commission may relieve the employer of
his obligation to pay the doctor's charges from the date of
refusal to the date of compliance.
Any vocational rehabilitation counselors who provide
service under this Act shall have appropriate certifications
which designate the counselor as qualified to render opinions

HB5563 - 66 - LRB103 39482 SPS 69677 b
relating to vocational rehabilitation. Vocational
rehabilitation may include, but is not limited to, counseling
for job searches, supervising a job search program, and
vocational retraining including education at an accredited
learning institution. The employee or employer may petition to
the Commission to decide disputes relating to vocational
rehabilitation and the Commission shall resolve any such
dispute, including payment of the vocational rehabilitation
program by the employer.
The maintenance benefit shall not be less than the
temporary total disability rate determined for the employee.
In addition, maintenance shall include costs and expenses
incidental to the vocational rehabilitation program.
When the employee is working light duty on a part-time
basis or full-time basis and earns less than he or she would be
earning if employed in the full capacity of the job or jobs,
then the employee shall be entitled to temporary partial
disability benefits. Temporary partial disability benefits
shall be equal to two-thirds of the difference between the
average amount that the employee would be able to earn in the
full performance of his or her duties in the occupation in
which he or she was engaged at the time of accident and the
gross amount which he or she is earning in the modified job
provided to the employee by the employer or in any other job
that the employee is working.
Every hospital, physician, surgeon or other person

HB5563 - 67 - LRB103 39482 SPS 69677 b
rendering treatment or services in accordance with the
provisions of this Section shall upon written request furnish
full and complete reports thereof to, and permit their records
to be copied by, the employer, the employee or his dependents,
as the case may be, or any other party to any proceeding for
compensation before the Commission, or their attorneys.
Notwithstanding the foregoing, the employer's liability to
pay for such medical services selected by the employee shall
be limited to:
(1) all first aid and emergency treatment; plus
(2) all medical, surgical and hospital services
provided by the physician, surgeon or hospital initially
chosen by the employee or by any other physician,
consultant, expert, institution or other provider of
services recommended by said initial service provider or
any subsequent provider of medical services in the chain
of referrals from said initial service provider; plus
(3) all medical, surgical and hospital services
provided by any second physician, surgeon or hospital
subsequently chosen by the employee or by any other
physician, consultant, expert, institution or other
provider of services recommended by said second service
provider or any subsequent provider of medical services in
the chain of referrals from said second service provider.
Thereafter the employer shall select and pay for all
necessary medical, surgical and hospital treatment and the

HB5563 - 68 - LRB103 39482 SPS 69677 b
employee may not select a provider of medical services at
the employer's expense unless the employer agrees to such
selection. At any time the employee may obtain any medical
treatment he desires at his own expense. This paragraph
shall not affect the duty to pay for rehabilitation
referred to above.
(4) The following shall apply for injuries occurring
on or after June 28, 2011 (the effective date of Public Act
97-18) and only when an employer has an approved preferred
provider program pursuant to Section 8.1a on the date the
employee sustained his or her accidental injuries:
(A) The employer shall, in writing, on a form
promulgated by the Commission, inform the employee of
the preferred provider program;
(B) Subsequent to the report of an injury by an
employee, the employee may choose in writing at any
time to decline the preferred provider program, in
which case that would constitute one of the two
choices of medical providers to which the employee is
entitled under subsection (a)(2) or (a)(3); and
(C) Prior to the report of an injury by an
employee, when an employee chooses non-emergency
treatment from a provider not within the preferred
provider program, that would constitute the employee's
one choice of medical providers to which the employee
is entitled under subsection (a)(2) or (a)(3).

HB5563 - 69 - LRB103 39482 SPS 69677 b
When an employer and employee so agree in writing, nothing
in this Act prevents an employee whose injury or disability
has been established under this Act, from relying in good
faith, on treatment by prayer or spiritual means alone, in
accordance with the tenets and practice of a recognized church
or religious denomination, by a duly accredited practitioner
thereof, and having nursing services appropriate therewith,
without suffering loss or diminution of the compensation
benefits under this Act. However, the employee shall submit to
all physical examinations required by this Act. The cost of
such treatment and nursing care shall be paid by the employee
unless the employer agrees to make such payment.
Where the accidental injury results in the amputation of
an arm, hand, leg or foot, or the enucleation of an eye, or the
loss of any of the natural teeth, the employer shall furnish an
artificial of any such members lost or damaged in accidental
injury arising out of and in the course of employment, and
shall also furnish the necessary braces in all proper and
necessary cases. In cases of the loss of a member or members by
amputation, the employer shall, whenever necessary, maintain
in good repair, refit or replace the artificial limbs during
the lifetime of the employee. Where the accidental injury
accompanied by physical injury results in damage to a denture,
eye glasses or contact eye lenses, or where the accidental
injury results in damage to an artificial member, the employer
shall replace or repair such denture, glasses, lenses, or

HB5563 - 70 - LRB103 39482 SPS 69677 b
artificial member.
The furnishing by the employer of any such services or
appliances is not an admission of liability on the part of the
employer to pay compensation.
The furnishing of any such services or appliances or the
servicing thereof by the employer is not the payment of
compensation.
(b) If the period of temporary total incapacity for work
lasts more than 3 working days, weekly compensation as
hereinafter provided shall be paid beginning on the 4th day of
such temporary total incapacity and continuing as long as the
total temporary incapacity lasts. In cases where the temporary
total incapacity for work continues for a period of 14 days or
more from the day of the accident compensation shall commence
on the day after the accident.
1. The compensation rate for temporary total
incapacity under this paragraph (b) of this Section shall
be equal to 66 2/3% of the employee's average weekly wage
computed in accordance with Section 10, provided that it
shall be not less than 66 2/3% of the sum of the Federal
minimum wage under the Fair Labor Standards Act, or the
Illinois minimum wage under the Minimum Wage Law,
whichever is more, multiplied by 40 hours. This percentage
rate shall be increased by 10% for each spouse and child,
not to exceed 100% of the total minimum wage calculation,
nor exceed the employee's average weekly wage computed in

HB5563 - 71 - LRB103 39482 SPS 69677 b
accordance with the provisions of Section 10, whichever is
less.
2. The compensation rate in all cases other than for
temporary total disability under this paragraph (b), and
other than for serious and permanent disfigurement under
paragraph (c) and other than for permanent partial
disability under subparagraph (2) of paragraph (d) or
under paragraph (e), of this Section shall be equal to 66
2/3% of the employee's average weekly wage computed in
accordance with the provisions of Section 10, provided
that it shall be not less than 66 2/3% of the sum of the
Federal minimum wage under the Fair Labor Standards Act,
or the Illinois minimum wage under the Minimum Wage Law,
whichever is more, multiplied by 40 hours. This percentage
rate shall be increased by 10% for each spouse and child,
not to exceed 100% of the total minimum wage calculation,
nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
2.1. The compensation rate in all cases of serious and
permanent disfigurement under paragraph (c) and of
permanent partial disability under subparagraph (2) of
paragraph (d) or under paragraph (e) of this Section shall
be equal to 60% of the employee's average weekly wage
computed in accordance with the provisions of Section 10,
provided that it shall be not less than 66 2/3% of the sum

HB5563 - 72 - LRB103 39482 SPS 69677 b
of the Federal minimum wage under the Fair Labor Standards
Act, or the Illinois minimum wage under the Minimum Wage
Law, whichever is more, multiplied by 40 hours. This
percentage rate shall be increased by 10% for each spouse
and child, not to exceed 100% of the total minimum wage
calculation, nor exceed the employee's average weekly wage
computed in accordance with the provisions of Section 10,
whichever is less.
3. As used in this Section the term "child" means a
child of the employee including any child legally adopted
before the accident or whom at the time of the accident the
employee was under legal obligation to support or to whom
the employee stood in loco parentis, and who at the time of
the accident was under 18 years of age and not
emancipated. The term "children" means the plural of
"child".
4. All weekly compensation rates provided under
subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
Section shall be subject to the following limitations:
The maximum weekly compensation rate from July 1,
1975, except as hereinafter provided, shall be 100% of the
State's average weekly wage in covered industries under
the Unemployment Insurance Act, that being the wage that
most closely approximates the State's average weekly wage.
The maximum weekly compensation rate, for the period
July 1, 1984, through June 30, 1987, except as hereinafter

HB5563 - 73 - LRB103 39482 SPS 69677 b
provided, shall be $293.61. Effective July 1, 1987 and on
July 1 of each year thereafter the maximum weekly
compensation rate, except as hereinafter provided, shall
be determined as follows: if during the preceding 12 month
period there shall have been an increase in the State's
average weekly wage in covered industries under the
Unemployment Insurance Act, the weekly compensation rate
shall be proportionately increased by the same percentage
as the percentage of increase in the State's average
weekly wage in covered industries under the Unemployment
Insurance Act during such period.
The maximum weekly compensation rate, for the period
January 1, 1981 through December 31, 1983, except as
hereinafter provided, shall be 100% of the State's average
weekly wage in covered industries under the Unemployment
Insurance Act in effect on January 1, 1981. Effective
January 1, 1984 and on January 1, of each year thereafter
the maximum weekly compensation rate, except as
hereinafter provided, shall be determined as follows: if
during the preceding 12 month period there shall have been
an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the
weekly compensation rate shall be proportionately
increased by the same percentage as the percentage of
increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act during

HB5563 - 74 - LRB103 39482 SPS 69677 b
such period.
From July 1, 1977 and thereafter such maximum weekly
compensation rate in death cases under Section 7, and
permanent total disability cases under paragraph (f) or
subparagraph 18 of paragraph (3) of this Section and for
temporary total disability under paragraph (b) of this
Section and for amputation of a member or enucleation of
an eye under paragraph (e) of this Section shall be
increased to 133-1/3% of the State's average weekly wage
in covered industries under the Unemployment Insurance
Act.
For injuries occurring on or after February 1, 2006,
the maximum weekly benefit under paragraph (d)1 of this
Section shall be 100% of the State's average weekly wage
in covered industries under the Unemployment Insurance
Act.
4.1. Any provision herein to the contrary
notwithstanding, the weekly compensation rate for
compensation payments under subparagraph 18 of paragraph
(e) of this Section and under paragraph (f) of this
Section and under paragraph (a) of Section 7 and for
amputation of a member or enucleation of an eye under
paragraph (e) of this Section, shall in no event be less
than 50% of the State's average weekly wage in covered
industries under the Unemployment Insurance Act.
4.2. Any provision to the contrary notwithstanding,

HB5563 - 75 - LRB103 39482 SPS 69677 b
the total compensation payable under Section 7 shall not
exceed the greater of $500,000 or 25 years.
5. For the purpose of this Section this State's
average weekly wage in covered industries under the
Unemployment Insurance Act on July 1, 1975 is hereby fixed
at $228.16 per week and the computation of compensation
rates shall be based on the aforesaid average weekly wage
until modified as hereinafter provided.
6. The Department of Employment Security of the State
shall on or before the first day of December, 1977, and on
or before the first day of June, 1978, and on the first day
of each December and June of each year thereafter, publish
the State's average weekly wage in covered industries
under the Unemployment Insurance Act and the Illinois
Workers' Compensation Commission shall on the 15th day of
January, 1978 and on the 15th day of July, 1978 and on the
15th day of each January and July of each year thereafter,
post and publish the State's average weekly wage in
covered industries under the Unemployment Insurance Act as
last determined and published by the Department of
Employment Security. The amount when so posted and
published shall be conclusive and shall be applicable as
the basis of computation of compensation rates until the
next posting and publication as aforesaid.
7. The payment of compensation by an employer or his
insurance carrier to an injured employee shall not

HB5563 - 76 - LRB103 39482 SPS 69677 b
constitute an admission of the employer's liability to pay
compensation.
(c) For any serious and permanent disfigurement to the
hand, head, face, neck, arm, leg below the knee or the chest
above the axillary line, the employee is entitled to
compensation for such disfigurement, the amount determined by
agreement at any time or by arbitration under this Act, at a
hearing not less than 6 months after the date of the accidental
injury, which amount shall not exceed 150 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but before
February 1, 2006) or 162 weeks (if the accidental injury
occurs on or after February 1, 2006) at the applicable rate
provided in subparagraph 2.1 of paragraph (b) of this Section.
No compensation is payable under this paragraph where
compensation is payable under paragraphs (d), (e) or (f) of
this Section.
A duly appointed member of a fire department in a city, the
population of which exceeds 500,000 according to the last
federal or State census, is eligible for compensation under
this paragraph only where such serious and permanent
disfigurement results from burns.
(d) 1. If, after the accidental injury has been sustained,
the employee as a result thereof becomes partially
incapacitated from pursuing his usual and customary line of
employment, he shall, except in cases compensated under the

HB5563 - 77 - LRB103 39482 SPS 69677 b
specific schedule set forth in paragraph (e) of this Section,
receive compensation for the duration of his disability,
subject to the limitations as to maximum amounts fixed in
paragraph (b) of this Section, equal to 66-2/3% of the
difference between the average amount which he would be able
to earn in the full performance of his duties in the occupation
in which he was engaged at the time of the accident and the
average amount which he is earning or is able to earn in some
suitable employment or business after the accident. For
accidental injuries that occur on or after September 1, 2011,
an award for wage differential under this subsection shall be
effective only until the employee reaches the age of 67 or 5
years from the date the award becomes final, whichever is
later.
2. If, as a result of the accident, the employee sustains
serious and permanent injuries not covered by paragraphs (c)
and (e) of this Section or having sustained injuries covered
by the aforesaid paragraphs (c) and (e), he shall have
sustained in addition thereto other injuries which injuries do
not incapacitate him from pursuing the duties of his
employment but which would disable him from pursuing other
suitable occupations, or which have otherwise resulted in
physical impairment; or if such injuries partially
incapacitate him from pursuing the duties of his usual and
customary line of employment but do not result in an
impairment of earning capacity, or having resulted in an

HB5563 - 78 - LRB103 39482 SPS 69677 b
impairment of earning capacity, the employee elects to waive
his right to recover under the foregoing subparagraph 1 of
paragraph (d) of this Section then in any of the foregoing
events, he shall receive in addition to compensation for
temporary total disability under paragraph (b) of this
Section, compensation at the rate provided in subparagraph 2.1
of paragraph (b) of this Section for that percentage of 500
weeks that the partial disability resulting from the injuries
covered by this paragraph bears to total disability. If the
employee shall have sustained a fracture of one or more
vertebra or fracture of the skull, the amount of compensation
allowed under this Section shall be not less than 6 weeks for a
fractured skull and 6 weeks for each fractured vertebra, and
in the event the employee shall have sustained a fracture of
any of the following facial bones: nasal, lachrymal, vomer,
zygoma, maxilla, palatine or mandible, the amount of
compensation allowed under this Section shall be not less than
2 weeks for each such fractured bone, and for a fracture of
each transverse process not less than 3 weeks. In the event
such injuries shall result in the loss of a kidney, spleen or
lung, the amount of compensation allowed under this Section
shall be not less than 10 weeks for each such organ.
Compensation awarded under this subparagraph 2 shall not take
into consideration injuries covered under paragraphs (c) and
(e) of this Section and the compensation provided in this
paragraph shall not affect the employee's right to

HB5563 - 79 - LRB103 39482 SPS 69677 b
compensation payable under paragraphs (b), (c) and (e) of this
Section for the disabilities therein covered.
(e) For accidental injuries in the following schedule, the
employee shall receive compensation for the period of
temporary total incapacity for work resulting from such
accidental injury, under subparagraph 1 of paragraph (b) of
this Section, and shall receive in addition thereto
compensation for a further period for the specific loss herein
mentioned, but shall not receive any compensation under any
other provisions of this Act. The following listed amounts
apply to either the loss of or the permanent and complete loss
of use of the member specified, such compensation for the
length of time as follows:
1. Thumb-
70 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
76 weeks if the accidental injury occurs on or
after February 1, 2006.
2. First, or index finger-
40 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
43 weeks if the accidental injury occurs on or
after February 1, 2006.
3. Second, or middle finger-

HB5563 - 80 - LRB103 39482 SPS 69677 b
35 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
38 weeks if the accidental injury occurs on or
after February 1, 2006.
4. Third, or ring finger-
25 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
27 weeks if the accidental injury occurs on or
after February 1, 2006.
5. Fourth, or little finger-
20 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
22 weeks if the accidental injury occurs on or
after February 1, 2006.
6. Great toe-
35 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
38 weeks if the accidental injury occurs on or
after February 1, 2006.
7. Each toe other than great toe-
12 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the

HB5563 - 81 - LRB103 39482 SPS 69677 b
94th General Assembly but before February 1, 2006.
13 weeks if the accidental injury occurs on or
after February 1, 2006.
8. The loss of the first or distal phalanx of the thumb
or of any finger or toe shall be considered to be equal to
the loss of one-half of such thumb, finger or toe and the
compensation payable shall be one-half of the amount above
specified. The loss of more than one phalanx shall be
considered as the loss of the entire thumb, finger or toe.
In no case shall the amount received for more than one
finger exceed the amount provided in this schedule for the
loss of a hand.
9. Hand-
190 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
205 weeks if the accidental injury occurs on or
after February 1, 2006.
190 weeks if the accidental injury occurs on or
after June 28, 2011 (the effective date of Public Act
97-18) and if the accidental injury involves carpal
tunnel syndrome due to repetitive or cumulative
trauma, in which case the permanent partial disability
shall not exceed 15% loss of use of the hand, except
for cause shown by clear and convincing evidence and
in which case the award shall not exceed 30% loss of

HB5563 - 82 - LRB103 39482 SPS 69677 b
use of the hand.
The loss of 2 or more digits, or one or more phalanges
of 2 or more digits, of a hand may be compensated on the
basis of partial loss of use of a hand, provided, further,
that the loss of 4 digits, or the loss of use of 4 digits,
in the same hand shall constitute the complete loss of a
hand.
10. Arm-
235 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
253 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the amputation
of an arm below the elbow, such injury shall be
compensated as a loss of an arm. Where an accidental
injury results in the amputation of an arm above the
elbow, compensation for an additional 15 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but
before February 1, 2006) or an additional 17 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid, except where the accidental injury results
in the amputation of an arm at the shoulder joint, or so
close to shoulder joint that an artificial arm cannot be
used, or results in the disarticulation of an arm at the

HB5563 - 83 - LRB103 39482 SPS 69677 b
shoulder joint, in which case compensation for an
additional 65 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006) or an
additional 70 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid.
11. Foot-
155 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
167 weeks if the accidental injury occurs on or
after February 1, 2006.
12. Leg-
200 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
215 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the amputation
of a leg below the knee, such injury shall be compensated
as loss of a leg. Where an accidental injury results in the
amputation of a leg above the knee, compensation for an
additional 25 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006) or an
additional 27 weeks (if the accidental injury occurs on or

HB5563 - 84 - LRB103 39482 SPS 69677 b
after February 1, 2006) shall be paid, except where the
accidental injury results in the amputation of a leg at
the hip joint, or so close to the hip joint that an
artificial leg cannot be used, or results in the
disarticulation of a leg at the hip joint, in which case
compensation for an additional 75 weeks (if the accidental
injury occurs on or after the effective date of this
amendatory Act of the 94th General Assembly but before
February 1, 2006) or an additional 81 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid.
13. Eye-
150 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
162 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the enucleation
of an eye, compensation for an additional 10 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but
before February 1, 2006) or an additional 11 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid.
14. Loss of hearing of one ear-
50 weeks if the accidental injury occurs on or

HB5563 - 85 - LRB103 39482 SPS 69677 b
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
54 weeks if the accidental injury occurs on or
after February 1, 2006.
Total and permanent loss of hearing of both ears-
200 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
215 weeks if the accidental injury occurs on or
after February 1, 2006.
15. Testicle-
50 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
54 weeks if the accidental injury occurs on or
after February 1, 2006.
Both testicles-
150 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
162 weeks if the accidental injury occurs on or
after February 1, 2006.
16. For the permanent partial loss of use of a member
or sight of an eye, or hearing of an ear, compensation
during that proportion of the number of weeks in the
foregoing schedule provided for the loss of such member or

HB5563 - 86 - LRB103 39482 SPS 69677 b
sight of an eye, or hearing of an ear, which the partial
loss of use thereof bears to the total loss of use of such
member, or sight of eye, or hearing of an ear.
(a) Loss of hearing for compensation purposes
shall be confined to the frequencies of 1,000, 2,000
and 3,000 cycles per second. Loss of hearing ability
for frequency tones above 3,000 cycles per second are
not to be considered as constituting disability for
hearing.
(b) The percent of hearing loss, for purposes of
the determination of compensation claims for
occupational deafness, shall be calculated as the
average in decibels for the thresholds of hearing for
the frequencies of 1,000, 2,000 and 3,000 cycles per
second. Pure tone air conduction audiometric
instruments, approved by nationally recognized
authorities in this field, shall be used for measuring
hearing loss. If the losses of hearing average 30
decibels or less in the 3 frequencies, such losses of
hearing shall not then constitute any compensable
hearing disability. If the losses of hearing average
85 decibels or more in the 3 frequencies, then the same
shall constitute and be total or 100% compensable
hearing loss.
(c) In measuring hearing impairment, the lowest
measured losses in each of the 3 frequencies shall be

HB5563 - 87 - LRB103 39482 SPS 69677 b
added together and divided by 3 to determine the
average decibel loss. For every decibel of loss
exceeding 30 decibels an allowance of 1.82% shall be
made up to the maximum of 100% which is reached at 85
decibels.
(d) If a hearing loss is established to have
existed on July 1, 1975 by audiometric testing the
employer shall not be liable for the previous loss so
established nor shall he be liable for any loss for
which compensation has been paid or awarded.
(e) No consideration shall be given to the
question of whether or not the ability of an employee
to understand speech is improved by the use of a
hearing aid.
(f) No claim for loss of hearing due to industrial
noise shall be brought against an employer or allowed
unless the employee has been exposed for a period of
time sufficient to cause permanent impairment to noise
levels in excess of the following:
Sound Level DBA
Slow Response Hours Per Day
90 8
92 6
95 4
97 3
100 2

HB5563 - 88 - LRB103 39482 SPS 69677 b
102 1-1/2
105 1
110 1/2
115 1/4
This subparagraph (f) shall not be applied in cases of
hearing loss resulting from trauma or explosion.
17. In computing the compensation to be paid to any
employee who, before the accident for which he claims
compensation, had before that time sustained an injury
resulting in the loss by amputation or partial loss by
amputation of any member, including hand, arm, thumb or
fingers, leg, foot or any toes, such loss or partial loss
of any such member shall be deducted from any award made
for the subsequent injury. For the permanent loss of use
or the permanent partial loss of use of any such member or
the partial loss of sight of an eye, for which
compensation has been paid, then such loss shall be taken
into consideration and deducted from any award for the
subsequent injury.
18. The specific case of loss of both hands, both
arms, or both feet, or both legs, or both eyes, or of any
two thereof, or the permanent and complete loss of the use
thereof, constitutes total and permanent disability, to be
compensated according to the compensation fixed by
paragraph (f) of this Section. These specific cases of
total and permanent disability do not exclude other cases.

HB5563 - 89 - LRB103 39482 SPS 69677 b
Any employee who has previously suffered the loss or
permanent and complete loss of the use of any of such
members, and in a subsequent independent accident loses
another or suffers the permanent and complete loss of the
use of any one of such members the employer for whom the
injured employee is working at the time of the last
independent accident is liable to pay compensation only
for the loss or permanent and complete loss of the use of
the member occasioned by the last independent accident.
19. In a case of specific loss and the subsequent
death of such injured employee from other causes than such
injury leaving a widow, widower, or dependents surviving
before payment or payment in full for such injury, then
the amount due for such injury is payable to the widow or
widower and, if there be no widow or widower, then to such
dependents, in the proportion which such dependency bears
to total dependency.
Beginning July 1, 1980, and every 6 months thereafter, the
Commission shall examine the Second Injury Fund and when,
after deducting all advances or loans made to such Fund, the
amount therein is $500,000 then the amount required to be paid
by employers pursuant to paragraph (f) of Section 7 shall be
reduced by one-half. When the Second Injury Fund reaches the
sum of $600,000 then the payments shall cease entirely.
However, when the Second Injury Fund has been reduced to
$400,000, payment of one-half of the amounts required by

HB5563 - 90 - LRB103 39482 SPS 69677 b
paragraph (f) of Section 7 shall be resumed, in the manner
herein provided, and when the Second Injury Fund has been
reduced to $300,000, payment of the full amounts required by
paragraph (f) of Section 7 shall be resumed, in the manner
herein provided. The Commission shall make the changes in
payment effective by general order, and the changes in payment
become immediately effective for all cases coming before the
Commission thereafter either by settlement agreement or final
order, irrespective of the date of the accidental injury.
On August 1, 1996 and on February 1 and August 1 of each
subsequent year, the Commission shall examine the special fund
designated as the "Rate Adjustment Fund" and when, after
deducting all advances or loans made to said fund, the amount
therein is $4,000,000, the amount required to be paid by
employers pursuant to paragraph (f) of Section 7 shall be
reduced by one-half. When the Rate Adjustment Fund reaches the
sum of $5,000,000 the payment therein shall cease entirely.
However, when said Rate Adjustment Fund has been reduced to
$3,000,000 the amounts required by paragraph (f) of Section 7
shall be resumed in the manner herein provided.
(f) In case of complete disability, which renders the
employee wholly and permanently incapable of work, or in the
specific case of total and permanent disability as provided in
subparagraph 18 of paragraph (e) of this Section, compensation
shall be payable at the rate provided in subparagraph 2 of
paragraph (b) of this Section for life.

HB5563 - 91 - LRB103 39482 SPS 69677 b
An employee entitled to benefits under paragraph (f) of
this Section shall also be entitled to receive from the Rate
Adjustment Fund provided in paragraph (f) of Section 7 of the
supplementary benefits provided in paragraph (g) of this
Section 8.
If any employee who receives an award under this paragraph
afterwards returns to work or is able to do so, and earns or is
able to earn as much as before the accident, payments under
such award shall cease. If such employee returns to work, or is
able to do so, and earns or is able to earn part but not as
much as before the accident, such award shall be modified so as
to conform to an award under paragraph (d) of this Section. If
such award is terminated or reduced under the provisions of
this paragraph, such employees have the right at any time
within 30 months after the date of such termination or
reduction to file petition with the Commission for the purpose
of determining whether any disability exists as a result of
the original accidental injury and the extent thereof.
Disability as enumerated in subdivision 18, paragraph (e)
of this Section is considered complete disability.
If an employee who had previously incurred loss or the
permanent and complete loss of use of one member, through the
loss or the permanent and complete loss of the use of one hand,
one arm, one foot, one leg, or one eye, incurs permanent and
complete disability through the loss or the permanent and
complete loss of the use of another member, he shall receive,

HB5563 - 92 - LRB103 39482 SPS 69677 b
in addition to the compensation payable by the employer and
after such payments have ceased, an amount from the Second
Injury Fund provided for in paragraph (f) of Section 7, which,
together with the compensation payable from the employer in
whose employ he was when the last accidental injury was
incurred, will equal the amount payable for permanent and
complete disability as provided in this paragraph of this
Section.
The custodian of the Second Injury Fund provided for in
paragraph (f) of Section 7 shall be joined with the employer as
a party respondent in the application for adjustment of claim.
The application for adjustment of claim shall state briefly
and in general terms the approximate time and place and manner
of the loss of the first member.
In its award the Commission or the Arbitrator shall
specifically find the amount the injured employee shall be
weekly paid, the number of weeks compensation which shall be
paid by the employer, the date upon which payments begin out of
the Second Injury Fund provided for in paragraph (f) of
Section 7 of this Act, the length of time the weekly payments
continue, the date upon which the pension payments commence
and the monthly amount of the payments. The Commission shall
30 days after the date upon which payments out of the Second
Injury Fund have begun as provided in the award, and every
month thereafter, prepare and submit to the State Comptroller
a voucher for payment for all compensation accrued to that

HB5563 - 93 - LRB103 39482 SPS 69677 b
date at the rate fixed by the Commission. The State
Comptroller shall draw a warrant to the injured employee along
with a receipt to be executed by the injured employee and
returned to the Commission. The endorsed warrant and receipt
is a full and complete acquittance to the Commission for the
payment out of the Second Injury Fund. No other appropriation
or warrant is necessary for payment out of the Second Injury
Fund. The Second Injury Fund is appropriated for the purpose
of making payments according to the terms of the awards.
As of July 1, 1980 to July 1, 1982, all claims against and
obligations of the Second Injury Fund shall become claims
against and obligations of the Rate Adjustment Fund to the
extent there is insufficient money in the Second Injury Fund
to pay such claims and obligations. In that case, all
references to "Second Injury Fund" in this Section shall also
include the Rate Adjustment Fund.
(g) Every award for permanent total disability entered by
the Commission on and after July 1, 1965 under which
compensation payments shall become due and payable after the
effective date of this amendatory Act, and every award for
death benefits or permanent total disability entered by the
Commission on and after the effective date of this amendatory
Act shall be subject to annual adjustments as to the amount of
the compensation rate therein provided. Such adjustments shall
first be made on July 15, 1977, and all awards made and entered
prior to July 1, 1975 and on July 15 of each year thereafter.

HB5563 - 94 - LRB103 39482 SPS 69677 b
In all other cases such adjustment shall be made on July 15 of
the second year next following the date of the entry of the
award and shall further be made on July 15 annually
thereafter. If during the intervening period from the date of
the entry of the award, or the last periodic adjustment, there
shall have been an increase in the State's average weekly wage
in covered industries under the Unemployment Insurance Act,
the weekly compensation rate shall be proportionately
increased by the same percentage as the percentage of increase
in the State's average weekly wage in covered industries under
the Unemployment Insurance Act. The increase in the
compensation rate under this paragraph shall in no event bring
the total compensation rate to an amount greater than the
prevailing maximum rate at the time that the annual adjustment
is made. Such increase shall be paid in the same manner as
herein provided for payments under the Second Injury Fund to
the injured employee, or his dependents, as the case may be,
out of the Rate Adjustment Fund provided in paragraph (f) of
Section 7 of this Act. Payments shall be made at the same
intervals as provided in the award or, at the option of the
Commission, may be made in quarterly payment on the 15th day of
January, April, July and October of each year. In the event of
a decrease in such average weekly wage there shall be no change
in the then existing compensation rate. The within paragraph
shall not apply to cases where there is disputed liability and
in which a compromise lump sum settlement between the employer

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and the injured employee, or his dependents, as the case may
be, has been duly approved by the Illinois Workers'
Compensation Commission.
Provided, that in cases of awards entered by the
Commission for injuries occurring before July 1, 1975, the
increases in the compensation rate adjusted under the
foregoing provision of this paragraph (g) shall be limited to
increases in the State's average weekly wage in covered
industries under the Unemployment Insurance Act occurring
after July 1, 1975.
For every accident occurring on or after July 20, 2005 but
before the effective date of this amendatory Act of the 94th
General Assembly (Senate Bill 1283 of the 94th General
Assembly), the annual adjustments to the compensation rate in
awards for death benefits or permanent total disability, as
provided in this Act, shall be paid by the employer. The
adjustment shall be made by the employer on July 15 of the
second year next following the date of the entry of the award
and shall further be made on July 15 annually thereafter. If
during the intervening period from the date of the entry of the
award, or the last periodic adjustment, there shall have been
an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the employer
shall increase the weekly compensation rate proportionately by
the same percentage as the percentage of increase in the
State's average weekly wage in covered industries under the

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Unemployment Insurance Act. The increase in the compensation
rate under this paragraph shall in no event bring the total
compensation rate to an amount greater than the prevailing
maximum rate at the time that the annual adjustment is made. In
the event of a decrease in such average weekly wage there shall
be no change in the then existing compensation rate. Such
increase shall be paid by the employer in the same manner and
at the same intervals as the payment of compensation in the
award. This paragraph shall not apply to cases where there is
disputed liability and in which a compromise lump sum
settlement between the employer and the injured employee, or
his or her dependents, as the case may be, has been duly
approved by the Illinois Workers' Compensation Commission.
The annual adjustments for every award of death benefits
or permanent total disability involving accidents occurring
before July 20, 2005 and accidents occurring on or after the
effective date of this amendatory Act of the 94th General
Assembly (Senate Bill 1283 of the 94th General Assembly) shall
continue to be paid from the Rate Adjustment Fund pursuant to
this paragraph and Section 7(f) of this Act.
(h) In case death occurs from any cause before the total
compensation to which the employee would have been entitled
has been paid, then in case the employee leaves any widow,
widower, child, parent (or any grandchild, grandparent or
other lineal heir or any collateral heir dependent at the time
of the accident upon the earnings of the employee to the extent

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of 50% or more of total dependency) such compensation shall be
paid to the beneficiaries of the deceased employee and
distributed as provided in paragraph (g) of Section 7.
(h-1) In case an injured employee is under legal
disability at the time when any right or privilege accrues to
him or her under this Act, a guardian may be appointed pursuant
to law, and may, on behalf of such person under legal
disability, claim and exercise any such right or privilege
with the same effect as if the employee himself or herself had
claimed or exercised the right or privilege. No limitations of
time provided by this Act run so long as the employee who is
under legal disability is without a conservator or guardian.
(i) In case the injured employee is under 16 years of age
at the time of the accident and is illegally employed, the
amount of compensation payable under paragraphs (b), (c), (d),
(e) and (f) of this Section is increased 50%.
However, where an employer has on file an employment
certificate issued pursuant to the Child Labor Law of 2024 or
work permit issued pursuant to the Federal Fair Labor
Standards Act, as amended, or a birth certificate properly and
duly issued, such certificate, permit or birth certificate is
conclusive evidence as to the age of the injured minor
employee for the purposes of this Section.
Nothing herein contained repeals or amends the provisions
of the Child Labor Law of 2024 relating to the employment of
minors under the age of 16 years.

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(j) 1. In the event the injured employee receives
benefits, including medical, surgical or hospital benefits
under any group plan covering non-occupational disabilities
contributed to wholly or partially by the employer, which
benefits should not have been payable if any rights of
recovery existed under this Act, then such amounts so paid to
the employee from any such group plan as shall be consistent
with, and limited to, the provisions of paragraph 2 hereof,
shall be credited to or against any compensation payment for
temporary total incapacity for work or any medical, surgical
or hospital benefits made or to be made under this Act. In such
event, the period of time for giving notice of accidental
injury and filing application for adjustment of claim does not
commence to run until the termination of such payments. This
paragraph does not apply to payments made under any group plan
which would have been payable irrespective of an accidental
injury under this Act. Any employer receiving such credit
shall keep such employee safe and harmless from any and all
claims or liabilities that may be made against him by reason of
having received such payments only to the extent of such
credit.
Any excess benefits paid to or on behalf of a State
employee by the State Employees' Retirement System under
Article 14 of the Illinois Pension Code on a death claim or
disputed disability claim shall be credited against any
payments made or to be made by the State of Illinois to or on

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behalf of such employee under this Act, except for payments
for medical expenses which have already been incurred at the
time of the award. The State of Illinois shall directly
reimburse the State Employees' Retirement System to the extent
of such credit.
2. Nothing contained in this Act shall be construed to
give the employer or the insurance carrier the right to credit
for any benefits or payments received by the employee other
than compensation payments provided by this Act, and where the
employee receives payments other than compensation payments,
whether as full or partial salary, group insurance benefits,
bonuses, annuities or any other payments, the employer or
insurance carrier shall receive credit for each such payment
only to the extent of the compensation that would have been
payable during the period covered by such payment.
3. The extension of time for the filing of an Application
for Adjustment of Claim as provided in paragraph 1 above shall
not apply to those cases where the time for such filing had
expired prior to the date on which payments or benefits
enumerated herein have been initiated or resumed. Provided
however that this paragraph 3 shall apply only to cases
wherein the payments or benefits hereinabove enumerated shall
be received after July 1, 1969.
(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
97-813, eff. 7-13-12.)
Section 999. Effective date. This Act shall take effect

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